Modesto Overtime Pay Lawyer

Modesto Overtime Pay Attorney

If you are a worker in California who qualifies for overtime pay, there is virtually no reason why you should not receive that pay if you worked for those hours. It might be frustrating to learn that your employer is deliberately withholding your overtime pay, regardless of the reason. Many employees may feel like they have no power when their employer is withholding pay, but that’s not true. A Modesto overtime pay lawyer can help you build a case and get what you’re owed.

The legal team at Asbill Law Group understands how complicated cases involving overtime pay can get. It’s understandable to feel apprehensive about approaching an oversight like this with your employer. You may be worried about retaliation or even gaslighting. That’s why it’s important to involve a Modesto overtime pay attorney. Having someone on your side with experience handling overtime pay cases and knowledge of overtime pay laws can only help you.

Why Hire an Overtime Pay Lawyer?

There are many reasons why you should hire an overtime pay lawyer. You don’t want to take any chances when your paycheck is involved. A lawyer can provide you with peace of mind that your case is being handled professionally. At Asbill Law Group, our legal team has considerable experience handling employment cases through negotiation and litigation alike. We can approach your case with empathy and focus, providing you with the resources you need to succeed.

According to recent statistical data from the Wage and Hour Division of the US Department of Labor, employers attempt to take advantage of their employees all the time, and not just in California. Nationwide, the WHD managed to successfully recover over $273 million for over 152,000 workers who dealt with wrongful termination and overtime disputes from their employers. Your situation is fairly common, and a lawyer can help you resolve it quickly.

If your employer is withholding your overtime pay, it might be impacting your financial security. After all, you may count on your entire paycheck to cover your basic living expenses. You may want to consider reaching out to a local financial support group like CalWORKs or the Stanislaus County Community Services Agency (CSA). They may be able to help you apply for additional financial help during this trying time or assist in building a successful budget.

Filing an Overtime Dispute in California

Under California state law, any full-time employee who works at least eight hours a day in a single workday or 40 hours in a single workweek is entitled to overtime pay. Only certain situations are considered exceptions, such as healthcare workers who are often on an alternative workweek schedule. You may not be aware of whether or not you qualify for overtime in your current position. If you have to file a dispute, here are some steps on how to accomplish that:

• First and foremost, you have to gather as much evidence as you can find that supports your position. You can never have too much evidence when it comes to proving an overtime dispute. This evidence should show how many hours you worked and how much money you earned for those hours, particularly in overtime hours. This evidence will likely include pay stubs, time sheets, and communication with your supervisor.
• Then, before you file, you should attempt to resolve this matter with your supervisor. It’s entirely possible that this really is an accidental oversight that can be corrected quickly. Bring the discrepancy to your supervisor or your company’s HR department just to see if they will acknowledge the problem or double down. If it isn’t resolved, contact a lawyer.
• Finally, you should file a wage claim with the California Department of Industrial Relations and the Labor Commissioner. You can file this dispute online or reach out to an employment lawyer for help. It’s recommended that you see a lawyer so they can make sure you don’t make any filing errors.

FAQs

What Are the Rules for Overtime Pay in California?

The rules for overtime pay in California are very clear, according to the state’s comprehensive labor laws. Overtime is required for any non-exempt employees who work more than eight hours in a workday or 40 hours in a workweek. Any work exceeding 12 hours in a day will be met with either time-and-a-half pay or double-time pay, depending on the exact situation.

Can You Work Four- to 10-Hour Days in California Without Overtime?

Yes, it is possible to work four- to 10-hour days in California without incurring daily overtime. In order to do this, you will have to adopt an alternative workweek schedule, also called an AWWS. To qualify for an AWWS, at least two-thirds of employees affected by this must agree to the schedule through a vote, which then must be reported to the California Department of Industrial Relations.

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

The 8 and 80 Rule for overtime in California refers to a certain exception to overtime that some companies use in order to pay overtime based on a 14-day workweek, as opposed to the traditional seven-day workweek. In this system, employees are paid one and a half times their regular rate for any hours that are worked over eight in a single workday or over 80 in a 14-day workweek.

Who Is Exempt from Overtime Pay in California?

In California, many different kinds of employees are exempt from overtime pay. Some key exemptions include anyone paid on a fixed salary that’s twice the state minimum wage, certain professionals who perform complex intellectual work, certain managerial employees, and a wide variety of administrative workers. If you are unsure about whether or not you are exempt from overtime work, you should contact an employment lawyer and find out.

Contact an Overtime Pay Lawyer Today

Finding out you have not been paid for all hours worked can be frustrating, insulting, and can hurt your relationship with your employer. It can affect your loyalty to a company that you thought valued you. It’s important to get this resolved as quickly as possible before it turns into something worse. At Asbill Law Group, we can help you work out a potential solution. Contact us to speak to a member of our team about your case.