More prevalent in service, manufacturing and healthcare fields, overtime is an integral part of company success. Whether quotas need met, extra work is needed or LPN’s are in short supply, working overtime benefits an employer by avoiding adding manpower, and helps employees boost their weekly earnings.
Unfortunately, some employers would rather their staff work over but no receive extra pay. Then, when employees file complaints with EEOC or hire qualified Riverside overtime violations attorney help, they’re retaliated against. It’s sad when employees who give so much are treated so lowly.
Overtime Violations Explained
JML Law, dedicated to recovering rightfully owed overtime pay plus any accessory damages caused, classifies overtime violations as such:
- Negligence: Employers who simply force employees to clock out to perform extra duties, fail to correct paychecks for several pay periods (if at all) or refuse to pay California’s mandated 1.5 times normal hourly rate per hour past 40 are willfully negligent. In court, willful actions can lead to tripled fines, fees and other monetary damages.
- Misclassification: After ‘x’ amount of overtime hours are accumulated, employers may opt to reclassify workers as ‘salaried managers’ or ‘independent contractors’ to avoid paying overtime. This is another major problem JML Law deals with frequently.
- Discriminatory: Imagine working tons of overtime but never getting paid because of ethnicity, gender or disability. Sadly, this has happened in our workforce, and our Riverside overtime violations attorney gladly litigates these cases.
- Retaliatory: Work tons of hours past 40, but get them either reduced or not paid because you reported an OSHA or EEOC violation? Did your refuse to engage in illegal activities, only to get overtime pay slashed? This, too, happens more frequently than people know.
If you’re granted overtime hours but an employer simply refuses to pay them, contacting our firm will put an experienced partner in your corner. Because your job description dictates your rights, it’s vital all employees raising claims of nonpayment to provide proof of their job title and description.
JML Law Recovers Money Owed
Violating overtime laws is serious. No labor union, court, or jury will be sympathetic to employers who outright refused to pay employees overtime hours, regardless of excuse. Once our office reviews complaints, we start the process of filing paperwork in court. This usually wakes employers up.
Through skilled negotiation tactics perfected by our Riverside overtime violations attorney, we can usually come to an amicable resolution before court begins. This means recovery of wages, anything extra deemed proper, restoration of position at same pay rate, and perhaps a formal apology.
California enjoys high than Federal minimum wages. Employees working overtime can really get ahead in many cities, provided their employer is paying them fairly. When companies take advantage of their manpower, more often than not JML Law was called to fight for employee rights.
If you or someone you love was victimized by an employer’s breach of duty, it’s important to contact us quickly. Failure to pay overtime can harm families, so we want to intervene before significant damage to your financial health ensues.
Get Your Questions Answered. Contact Our Lawyers.
Every case is unique and needs to be evaluated by our experienced lawyers. If you have been injured in a work-related accident, give us a call at 818-610-8800 or send us an email to schedule a free initial consultation. There is no risk to meet with us. We get paid only if we win your claim.