In California, overtime laws prohibit employers from employing an individual for more than eight hours per workday and for more than forty hours per workweek without paying the employee overtime rates. Overtime laws also require an employer to pay an overtime rate of one and a half times an employee’s regular hourly pay rate if they work more than eight hours and up to twelve hours in a single workday. Overtime laws further require an employer to pay an overtime rate of double an employee’s regular hourly pay rate if they work more than twelve hours in a single workday
Some common tricks that employers use to avoid paying overtime and doubletime pay are to misclassify employees as exempt managers or administrators, or require employees to work off the clock.
If an employer violates overtime laws refuses to pay overtime wages, an employee is entitled to recover the lost wages by filing a lawsuit against the employer for backpay and interest.
The attorneys at Hoyer & Hicks have years of experience dealing with these types of cases. Contact us today for your free consultation.
Wahid and Saavedra vs. Nations
Alameda Superior Court Nos. RG 05246866 and RG 08421015
We represented restaurant managers who had been misclassified as exempt and denied overtime as well as rest and meal breaks and thereby achieved a substantial settlement. We won the case at trial.
Kauffman, et al. v. Bank of America
United States District Court, Northern District of California, Case No. CV 09-04114
We represent personal bankers throughout California who were forced to work overtime in order to meet sales quotas but were not allowed to record the overtime and were not paid for it. The case was coordinated as part of a multi-district litigation in the District of Kansas, where we continue to pursue class claims on behalf of nonexempt Bank of America employees across the United States.
Engle, et al. v. Sanofi-Aventis
United States District Court, Northern District of California, Case No. 3:10-CV-04141
We represent pharmaceutical sales people across California who were misclassified as exempt and denied overtime pay wrongfully.