IWC – Industrial Welfare Commission

PAGA – Private Attorney General Act

People who work for fixed number of hours receive compensation on per hour basis. If you are an hourly employee and your employer is taking more than decided hours wrongly, you have legal rights to protect you from unpaid overtime. As per Fair Labor Standards Act, It is illegal to consume more hours of employee without paying them extra for their overtime.

Here are some guidelines to guide you how to take legal action against Unpaid Overtime-

• Go through the basic Law of overtime compensation Act. This law is directed by the Fair Labor Standards Act (FIFA). Under this Act, an employer has to pay overtime at the rate of one and one half times of their regular per hour rate to all the workers giving more than 40 hours in a week.

• As per Fair Labor Standards Act, overtime compensation is for “non-exempt” employees only. The people who fall under this category are executives, administrative, professional, field sales worker and computer employees.

• Accumulate evidences. Gather all paper which can support and relate to your claim before going to sue your employer for unpaid overtime. Time sheet, payroll records, your employment agreement, any communication held between you and your employer, your company’s employment policies & procedure etc. can support you in claim.

• Take consultation of an experienced attorney who has handled overtime pay issues before also. This will help you in getting answers of your questions related with your eligibility for overtime compensation and advice.

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• Contact Department of Labor Standard Enforcement or dept. of law to examine unpaid overtime. You can either fill up a complaint form or consult it personally with investigator. The department will review your allegations on the basis of your compliant and assign an investigator to you, your employer and witness before issuing a decision.

• File a complaint in state court. Prepare a compliant sheet against your employer to breach overtime laws and request a compensation for damages resulting from violation.

If you win the case, you may get twice the amount of your overtime done by you, expenses incur in legal process and fee of your attorney.

Unpaid Overtime

Why you are exempt from overtime?

Every organization whether it’s big and small, knows in advance that every issue related payroll creates lots of misunderstanding regarding the paycheck an employee is going to get . Making this headache more intense, there are large numbers of employees who are unaware of the official rules and regulations which provide details about overtime pay and people who are exempt from overtime.

The Fair Labor Standards Act has define criterion for minimum wage, record maintenance, child labor standards, factors which can affect full time and part time workers of private, federal, state or local government sector.  As per this act, nonexempt worker have rights to receive minimum wage and overtime pay at a rate of one and one half times the regular rate. An employer has to pay this to the employees working more than 40 hours per week.

There are some fields in which FLSA not interfere such as Vacations, Sick leaves and Holidays. These are entirely depends on agreement held between employee and employer. In addition to this FLSA also not decide breaks or meal break between working hours. It changes as per the organizations and state.

Fair Labor Standards Act is concern about overtime wage. All non exempt workers must receive overtime pay once they complete 40 hours of work in a work week. Some exceptions to this 40 hours period are not applicable on Police officers, firefighters or people working in hospitals under special circumstances.

There are some employees who are not entitle to get overtime wage such as-

Executives- executive is exempt from overtime. 50 percent of his/her time is invested in managing the company or department.  Some times or on regular basis, he has to direct the work of two of more employees.

Professional- A professional performs task which requires advanced knowledge and creativity. He basically works on exercises on activities and judgment.

Administrative- Primarily responsible for performing office or non manual task directly related to management policies or operations of business. Administrative are handle regular exercises and judgment activities.

Outside salesperson- employee who sells product or service offsite are exempt from overtime.

Apart from these employees, all are allowed to get overtime wages for the hours they have contributed more than regular hours.

Exempt from Overtime

California Labor Law Codes

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