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Pasadena Unpaid Overtime Lawyer

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Top-Rated Unpaid Overtime Attorney In Pasadena, CA

California has extremely strong wage and hour protections for employees, including strict unpaid overtime laws. Despite these legal protections, many employees are still denied the overtime pay that they have earned. If your employer is not paying you for overtime, a Pasadena unpaid overtime lawyer can help you pursue compensation for your losses.

How Esperanza Anderson Can Help

Esperanza Anderson is a skilled Pasadena employment lawyer who studied at both Stanford and Georgetown and is fluent in both English and Spanish. With over 25 years of experience, she has earned a reputation for working aggressively to defend the rights of her clients and secure the compensation they deserve. She has helped clients receive over $15,000,000 in compensation.

Our firm represents employees throughout Pasadena, whether they work at the California Institute of Technology, Tetra Tech, the Huntington Memorial Hospital, or another employer. No matter where you work, you have the same protections under California’s employment laws, and Esperanza Anderson can help you uphold these rights.

Understanding Unpaid Overtime Laws

Working overtime is common for California employees. In the United States, salaried employees were found to work nine hours of unpaid overtime a week, on average. Across all non-farm jobs, average overtime hours ranged between 2.8 and 3.2 hours a week.

Most employees in California are legally entitled to overtime pay when they work over the typical amount of work in a day or week. Overtime pay is at least one and a half times an employee’s regular wage if the employee worked:

  • More than eight hours in a workday
  • More than 40 hours in a workweek
  • Up to eight hours on their seventh consecutive day of work in a workweek

Overtime pay is raised to double an employee’s regular wage for:

  • More than 12 hours in a workday
  • More than eight hours on their seventh consecutive day of work in a workweek

Overtime pay is essential to fairly compensate employees for the additional time worked and the burden of working more than the traditional workday. Working excessive unpaid overtime results in men being 84% more likely to report burnout, and women being 52% more likely to report burnout.

Examples of Unpaid Overtime Cases

Overtime violations can arise for a number of reasons. Some common examples of situations where an employee may not be being paid for their overtime work include:

  • Complete Denial of Overtime Pay: Some employers entirely refuse to pay an employee overtime pay. Whether this stems from a lack of knowledge about California and federal wage and hour laws or an intentional act, it is important to work with a Pasadena unpaid overtime attorney who can uphold the law.
  • Misclassifying Employees as Exempt From Overtime: Some employees are exempt from the overtime law. However, some employers misclassify employees as exempt employees to avoid paying them overtime.
  • Unpaid Training or Meetings: Required work-related activities, such as training sessions or meetings, are often considered working time and thus must be calculated when calculating hours worked and overtime. Some employers wrongfully exclude this time to avoid paying overtime.
  • Off-The-Clock Work: Employers may pressure or require employees to work while they are not clocked in. For example, being asked to come in early to prepare your workstation or complete paperwork, or stay late to finish tasks or attend meetings.
  • Automatic Meal Break or Rest Break Deductions: Some employers automatically deduct meal and rest breaks from an employee’s hours. However, if an employee worked through these breaks or did not use the full time deducted, then an employer may miscalculate overtime.

Why It Is Important to Hire an Unpaid Overtime Lawyer

Unpaid overtime cases can be complex. A Pasadena unpaid overtime lawyer can help you:

  • Interpret the complicated wage and hour laws
  • Calculate the wages and penalties you are owed
  • Gather evidence to support your claim
  • Handle negotiations with your employer and their legal team
  • Make sure you are compliant with all procedural requirements and deadlines

FAQs

Is Unpaid Overtime Illegal in California?

Yes, unpaid overtime is illegal in California. California law requires employers to provide overtime pay when they work more than a full workday or workweek. Most employees are covered by this law, with exemptions for specific employees, such as healthcare workers who are covered by an alternative workweek schedule, live-in employees, camp counselors, or managers of certain companies.

If you are unsure about whether you are entitled to overtime, you should consult with a Pasadena unpaid overtime attorney.

What Can I Do If My Employer Isn’t Paying Me for Overtime?

If you are not being paid the overtime that you are owed, you should take care to preserve all evidence, including pay stubs, time records, work schedules, and records of communication that relate to your hours worked. Then, you should bring this evidence to your employer. If you are not able to secure your overtime pay, you should then hire an unpaid overtime lawyer to help you file a claim against your employer.

What Is the Seven-Day Overtime Rule in California?

The seven-day overtime rule in California is the rule that an employee must be paid overtime on their seventh consecutive day in a workweek. Overtime pay applies regardless of whether they have worked over eight hours or not. This is an important rule to understand, because many employers attempt to argue that the seventh day is not covered by overtime laws, or that the seventh day is not in the same workweek.

Can My Employer Fire Me for Asking About Overtime Pay?

No, your employer cannot fire or otherwise penalize you for asking about overtime pay or even filing an unpaid overtime claim against them. As an employee, you have the ability to assert your rights and ask questions when your rights are not being upheld. If an employer is retaliating against you rather than working with you to resolve the issue, then you should speak with a lawyer immediately.

Learn How Esperanza Anderson Can Help

If you are not being paid for your overtime work, contact Esperanza Anderson to learn more about your legal options for recovering your lost income.

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