Long Beach Overtime Lawyer

Long Beach Overtime Attorney

Imagine working overtime for your company, but you do not receive a paycheck that reflects your hard work. Unfortunately, this scenario is the case for many workers in Long Beach, California. California law dictates that most employees must receive overtime pay for working longer than the traditional 8-hour day. If you are a California employee and believe your rights have been violated, you should contact a skilled Long Beach overtime lawyer right away.

At The Law Office of Briana Kim, we provide attentive representation that yields positive results. We carefully examine employment records such as timesheets, paychecks, and related documentation to build a solid case. We understand some employers may use unjust tactics, such as misclassifying employees as exempt to avoid paying overtime. We do not stand for this. We believe each employee should be paid fairly.

Laws That Govern Overtime in California

If you are an hourly worker in Long Beach, California, you are entitled to receive overtime pay if you work more than state-specific full-time work hours. Specifically, if you are an employee with a non-exempt status, 18 years old or over and work over 40 hours in a week, 8 hours a day or 6 days a week, you should receive 1.5 times your normal rate of pay for every hour worked overtime.

If you work more than 12 hours a day or more than 7 days a week, you should receive double your pay for any hour worked over 12 hours or any hour over 8 hours if you work on the seventh day. For example, Sara works at a warehouse in Long Beach, CA. One day she worked 10 hours at her manager’s request, and her hourly rate is $20.00/hr. Legally, her boss is required to pay her $30 for every hour she works over 8 hours, which is 2 hours, or $60 overtime.

Difference Between Exempt and Non-Exempt Workers

In California, non-exempt workers are covered under the laws of the Industrial Welfare Commission Wage Orders for time and minimum wage. A full-time work schedule for a worker who is non-exempt is 40 hours in a week or 8 hours a day. There are a number of professions that are exempt from overtime laws. A couple of professions that are included in this list are:

• Salaried employees in administrative, professional, and executive professions, such as doctors, lawyers, professors, CEOs, and managers.
• Drivers employed by the US Department of Transportation
• Employees who are covered under collective bargaining agreements
• Taxicab drivers
• Airline employees
• Certain radio and television professionals

These are just some of the employees exempt from California’s overtime laws. In some cases, employers misclassify employees to avoid paying overtime, which is illegal and may be grounds for a legal claim.

Healthcare workers, like nurses, are especially vulnerable in overtime cases. In November of 2024, the Department of Labor recovered more than $800K for California residential care providers.

Exceptions to the Overtime Laws

Some occupations are exceptions to the overtime laws, and employees typically agree upon hours before being hired. Examples of jobs that are exceptions, not exemptions, to the rule are camp counselors, healthcare workers with alternative workweeks, and ambulance drivers. Other employees may abide by specific overtime rules.

Penalties for Overtime Law Violation

If your employer failed to pay your overtime wages, they may be subject to both statutory and civil penalties. Statutory penalties are penalties, usually fines, paid to the claimant or employee while civil penalties are paid to the state.

In California, if an employer fails to pay a nonexempt worker overtime who qualifies or even pays late, they may be subject to pay $100 per employee for the initial infraction and $200 plus 25% of the withheld wages for subsequent violations under Labor Code Section 210.

The law applies to employers who willfully withhold wages regardless of their awareness or understanding of the law. Because withheld wages can significantly interfere with a person’s life, plans, and goals, employees may also make a claim against their employer and recover statutory losses. Hiring an experienced lawyer is invaluable for receiving a settlement that may make up for the stress and loss of wages experienced because of an employer’s negligence.

Overtime claims are generally filed in civil court. The civil court is part of the LA Superior Court System, specifically the Governor George Deukmejian Courthouse at 275 Magnolia Avenue in Long Beach.

FAQs

Q: What Is the Law for Overtime Hours in California?

A: In California, the law for overtime hours states that all non-exempt employees, meaning employees who work full-time hourly non-exempt positions, must be paid for each hour worked over the standard workday and workweek. Specifically, they should be paid 1.5 times their regular pay for each hour worked over 8 hours a day or 40 hours within a week’s time. Employees who work more than 12 hours a day or work seven days a week should be paid double their regular pay.

Q: Are Lawyers Entitled to Overtime?

A: No, in general, lawyers are not entitled to overtime pay. Lawyers are typically classified as exempt employees, as are those who work in other professional, administrative, or executive professions. It is important to check with your employer to understand your exempt or non-exempt status, as only non-exempt employees are entitled to overtime pay.

Q: What Is the 8 and 80 Rule for Overtime in California?

A: In California, a standard workday is 8 hours a day and 40 hours for a week. Any time worked over this for non-exempt workers is considered overtime. An exception to this rule is the 8 and 80 rule, which maintains the 8-hour workday but allows overtime for employees who work over 80 hours in a 14-day period, which is a slight difference from the standard workweek.

Q: What Is the Claim Process for Overtime Pay?

A: The claim process for overtime pay in California is straightforward. First, you should gather all evidence related to your case, including timesheets and other documentation. Next, you should hire an attorney for counsel and representation before a jury if needed. Then, you should file a claim with the Division of Labor Standards Enforcement Office, and finally, you should wait for an investigation and a hearing.

Hire a Fierce Overtime Law Advocate

At The Law Office of Briana Kim, we are dedicated to ensuring you receive the paycheck that reflects the overtime hours you put into your job. When employers violate California’s robust employment laws, we are here to right their wrongs. If you are experiencing injustice in overtime pay, we are here to represent you. Contact our office today for a consultation.