Strauss & Strauss, APC handles California overtime wage claims, as well as wage claims for minimum wage, meal periods, unpaid commissions, unpaid accrued vacation wages, and more. We have recovered millions of dollars for California employees on wage and hour claims.
California employees who are denied overtime pay can bring an overtime wage claim in either civil court or with the Labor Commissioner nearest the location where the work was performed.
The types of overtime wage claims typically seen by Strauss & Strauss, APC involve:
- Employees misclassified as exempt from overtime;
- Employees paid straight-time for overtime hours;
- Employees paid overtime at the wrong rate;
- Employees forced to clock out after eight hours and continue working; and
- Employees paid on a piece-rate who do not receive proper overtime pay.
Strauss & Strauss, APC sees these types of overtime wage claims on a daily basis. We begin by evaluating your overtime case. We assess your evidence (i.e., timecards, paycheck stubs, personal journals/calendars). We look at the ability of the defendant-employer to pay a judgment or settlement. If we like your case, we usually take it.
Once we take a case for unpaid overtime, we can either attempt to negotiate informally or simply file in the proper venue (civil court or the Labor Commissioner). Sometimes, however, it is necessary to file first, especially if the statute of limitations is running on the overtime wage claim.
Overtime cases usually are straightforward, and they tend to resolve faster than other types of cases. That being said, sometimes we take these cases to trial.
In addition to overtime wage claims, we also represent employees in other types of wage claims, like those for denied meal periods and unreimbursed business expenses.
Examples of our recent wage claims include:
- Overtime wage claim: Second assistant manager of large grocery store chain was misclassified as exempt and never paid overtime.
- Lunch break wage claim: Class actions on behalf of oil rig workers who couldn’t leave the rig for their 30-minute, off-duty lunch breaks were really not off-duty, so they did not get lawful lunch breaks under California law and were therefore entitled to one hour of pay for each missed lunch break.
- Overtime wage claim: Construction employees not paid for all prep time before work and for after-work paperwork.
- Overtime wage claim: Office administrative worker paid straight time wages even though she worked overtime (straight-time pay for overtime hours is not legal in California in most situations).
- Lunch break wage claim: Auto mechanics forced to work through lunch and therefore entitled to one hour of pay for each denied lunch break.
- Overtime wage claim: Pharmacist misclassified as an independent contractor, owed unpaid overtime (paid at straight-time rate), plus interest and waiting-time penalty under Labor Code section 203. (Did you know that pharmacists are usually non-exempt?)
- Overtime wage claim: Misclassified automobile damage appraiser owed unpaid overtime, plus interest and waiting-time penalty under Labor Code section 203.
- Overtime wage claim: Inside salesperson not paid overtime, entitled to unpaid overtime plus interest and waiting-time penalty under Labor Code section 203.
- Overtime wage claim: Limousine driver not paid overtime at correct rate because nondiscretionary tips not factored into overtime pay, owed unpaid wages, interest, and penalty under Labor Code section 203.
California Overtime Wage Claim Information
California employees may bring wage claims for unpaid overtime. Here are the basics. Remember, many exemptions and exceptions apply to overtime wage claims, so you may want to check with a lawyer to make sure you are entitled to be paid overtime wages.
I’m Owed Overtime, What Can I Do?
If you think you are owed unpaid overtime, you can hire an experienced wage claim attorney to represent you. We take unpaid overtime cases all over California, and we only get paid if we win your case. Contact us now.
California Overtime Law Explanation
Overtime is any work over eight hours in one day or 40 hours in one week. If an employee works all seven days in one work week, they must be paid overtime for the first eight hours of work on the seventh day.
Overtime must be paid at the rate of 1.5 times a worker’s “regular” rate of pay. Broadly speaking, an employee’s regular rate is their normal hourly rate. However, the regular rate can be higher in some circumstances.
Double time violations are rare in comparison. Double time is defined as work over 12 hours in one day and any work performed in excess of eight on the seventh day for the employee who works all seven days in one work week. Double time is two times a worker’s regular rate of pay.
How Long Do I Have to File My Claim for Unpaid Overtime?
Typically, an employee may collect unpaid overtime or double time going back three years from the date their lawsuit is filed. However, it may be possible to go back as many as four years.
Example: A full-time worker works an average of five overtime hours per week. He has been employed with the same company for six years. His regular rate of pay is $18. Based on this information, his employer would owe him $28,080 plus interest, additional penalties, and attorney fees.
Where Do I Start with My Overtime Wage Claim?
Contact Strauss & Strauss, APC now for a free overtime wage claim case evaluation. We will walk you through the process of filing a wage claim, and we give you the choice of filing your wage claim in court or with the Labor Commissioner/Labor Board.
What is Your Approach to Overtime Wage Claims?
Our approach for unpaid overtime wage claims is to get you as much as possible in a quick, efficient manner. This starts with doing a full evaluation of your overtime wage claim case. We take all the documents you have in your possession that show the overtime hours you worked (and were not paid) and compile our best estimate for what you are owed in unpaid overtime wages. We then fight for you to get that overtime money back, even if it means going all the way.
If you want to learn more about California overtime law and the overtime wage claim process, visit our California overtime wage claim FAQ section.
"Strauss & Strauss represented me in several cases against a former employer. They were taking on a Fortune 500 company that employed some of the world's biggest law firms. Michael Strauss and Andrew Ellison beat them every time."Stephen Craig
- Ayala v. Terminix International, Inc.
- Bankwitz v. Ecolab Inc. - Territory Manager Overtime Lawsuit
- Bautista v. Alliance Environmental Group
- Berry v. DCOR, LLC
- Bognuda v. Great White Dental
- Campos v. Ecolab Inc. – California Route Sales Manager (RSM) Lawsuit