Statistics have regularly indicated that California, in particular, is a central hub for wage and hour class action litigation. It is possible to discover multimillion dollar settlements within the region, involving retail giants and huge insurance companies. Sometimes, wage and hour litigation cases are relatively simple, involving straightforward factual and legal issues, and sometimes these cases are far more complex.
However, one thing to recognize is that these cases share one common aspect: the potential liability companies have for violating specific rules. In contrast to traditional disputes regarding employment (such as discrimination), wage and hour litigation usually emerges from a failure to comply with legal technicalities such as not including an employer’s name on an employee’s paycheck.
One of the most common issues that arise in wage and hour class litigation is overtime, and the legal implications that can potentially arise if it goes unpaid by your employer can be serious.
Understanding Overtime in Wage and Hour Litigation
In California, the general provisions in regard to overtime are that any non-exempt employee above the age of eighteen should not be employed for more than eight hours in a workday, or more than forty hours in a workweek without receiving one and a half times his or her regular rate of pay for that excess hours. The same rules apply to any minor that is sixteen or seventeen years old who is not legally required to attend school, or prohibited by law from engaging in work.
In the United States, eight hours of labor constitutes a full day of work, and employment beyond the eight hours within that workday or six days within a workweek is only permissible if the employee is compensated with no less than:
One and a half their regular rate of pay on all hours worked over eight hours, up to 12 hours, and for the first eight hours on the seventh consecutive day of work.
Double the regular rate of pay for any hours worked in excess of 12 hours in that workday, or hours worked beyond eight hours on the seventh consecutive day.
However, there are a number of exemptions to consider regarding overtime law. Because wage and hour class litigation cases can be particularly complex, it is important to access the assistance of a professional lawyer with experience in this area.
One regular question that arises regarding overtime is “Are employers obligated to pay for unauthorized overtime?” The answer to this is yes. The law in California requires employers to pay for overtime whether it has been authorized or not.
The wage and hour laws in California demand that any employee be compensated for the hours that she or he is permitted to work, regardless of whether they were actually required to work those hours. California law holds that the term ‘permit’, refers to any work that the employer should have known about.
There are many complexities associated with wage and hour class litigation in California, which is what makes a professional legal team so important. To learn more about wage and hour class litigation contact the experienced lawyers at Makarem & Associates, via phone at310.312.0299, or email [email protected].