San Diego Unpaid Overtime Attorney

Recent changes in overtime pay laws have resulted in employers making errors in the payment of overtime to their employees. Some errors result from employers misclassifying non-exempt employees as exempt. Or, sometimes, employers look for ways to avoid paying employees overtime they are legally entitled to.

Overtime pay laws divide almost all employees into two categories: employees who are not eligible for overtime pay called "exempt" employees; and employees who are entitled to overtime pay called "non-exempt" employees. Some errors result from employers misclassifying non-exempt employees as exempt. Exempt and Non Exempt Employees receive different over time treatment.

Non-Exempt Employees

Non-exempt employees are entitled to overtime pay for all hours worked over 40 in a workweek even if the employee is paid a salary. Non-exempt employees who are paid hourly are entitled to overtime pay at a rate equal to time-and-one-half the employee's regular rate of pay.

Exempt Employees

Exempt employees are not entitled to overtime pay.

Factors to consider whether you are Exempt v. Non-Exempt

Whether an employee is "exempt" or "non-exempt" depends on two main factors:

  1. Whether an employee is paid on a salary basis (as opposed to hourly); and
  2. Whether the job duties and responsibilities an employee actually performs fall within one of the law’s recognized overtime exemptions (e.g. executive, administrative, professional, outside sales, computer professional, etc.).

With the exception of certain computer professionals and others, an employee both must be paid on a salary basis and his/her actual job duties must satisfy one of the laws recognized overtime exemptions to be exempt from overtime law requirements. That means that almost all hourly employees and many salaried employees may be entitled to overtime pay. Call our law office to see if you have grounds for an unpaid wages claim for overtime pay.

Employees Must Act Promptly to Recover Unpaid Overtime

Statutes governing overtime law impose strict time restrictions on recovering overtime wages. This means that whether an employee may recover overtime pay and the amount an employee may recover is directly affected by how long an employee waits before filing an overtime unpaid wages claim.

Contact Our Unpaid Overtime Attorney Today

Therefore, act immediately if you believe you may have denied overtime pay to which you are entitled. Please call Michael P. Sousa today for a free consultation regarding your facts. Call 858-453-6122 for assistance in receiving the overtime you are entitled to.