Wage And Overtime Disputes
Wage and overtime claims are governed by state and federal laws. Not surprisingly, California law provides more protection and gives greater rights and benefits to employees than federal law. For example, California has a higher minimum wage than the federal law.
Free consultation: If you have a dispute over payment of wages or overtime in California, you need to contact Bononi Law Group, LLP, in Pasadena, California. We can determine whether you have a valid claim and whether you should pursue recovery under state or federal law.
Q. Am I Eligible For Overtime?
A. Many wage and hour laws do not apply to all employees, exempting workers in management positions. However, the mere classification of a person as a manager or assistant manager does not automatically exempt him or her from wage and hour requirements. The law looks beyond a person’s job title, examining instead the duties that person performs. Employees may not be exempt under the statutes, even though they are identified as management and are paid a salary.
Whether an employee is eligible for overtime is governed by the Fair Labor Standards Act (FLSA). The law stipulates that covered employers must pay overtime after 40 hours of work a week, usually at the rate of time and a half. Employees who are covered by a labor union contract may also have different provisions. Determining eligibility for overtime pay can be controversial and may require the advice of a knowledgeable employment law attorney.
The lawyers at Bononi Law Group, LLP, will advise you whether you qualify for relief under the appropriate statutes. If you have concerns about whether you are entitled to overtime or additional pay for hours worked, contact us for a consultation.
Q. Where Can I Find More Information About Wages, Hours And Required Benefits?
A. Several websites have comprehensive information about wages, hours and benefits under federal or California law. These include:
- The Wage and Hour Division (WHD) of the federal Department of Labor, which enforces laws such as minimum wage and overtime laws. https://www.dol.gov/whd/
- FairPay, another Department of Labor website, geared toward employees. http://www.dol.gov/whd/regs/compliance/fairpay/
- The California Department of Industrial Relations, which provides information about many aspects of state employment law, including minimum wage, overtime and workplace safety. http://www.dir.ca.gov/default.html
Determining whether an individual employee’s wages and hours are governed by state or federal law can be complex. Employees and employers who need further information about the requirements and provisions of these laws may wish to contact an employment attorney to learn about their rights and options.
Class Action Wage And Hour Suits
In large multinational corporations, it is not unusual to find many employees misclassified as exempt. Often, companies will universally label employees as managers in an attempt to circumvent wage and hour laws. In these instances, when many employees have similar claims against a common defendant, a class action lawsuit is the most effective way to obtain relief. A class action lawsuit allows many individuals to obtain legal satisfaction while sharing the costs of litigation.
At Bononi Law Group, LLP, we have extensive experience litigating class action suits on behalf of employees who have been denied wage and hour claims. If you have a wage and hour claim and want skilled and experienced representation, contact us immediately for a consultation.
Schedule A Free Consultation Today
To learn more about resolving a wage and hour dispute, please call our Pasadena law office at 213-550-5503.
Additional information can be found:
California Department of Industrial Relations Wage Claims
California Department of Industrial Relations Overtime FAQs
California Department of Industrial Relations Minimum Wage
