Is it Illegal for My California Employer to Withhold Overtime Pay?

At Romero Law, APC, our experienced employment law attorneys in Pasadena know that all California employers are required to pay non-exempt workers overtime wages when they work overtime.

If you believe you are entitled to overtime pay but are being asked to work off the clock, during lunch or other breaks, or if your employer is misclassifying your employment to avoid paying overtime wages, you may be eligible to file a claim to pursue the damages you have suffered.

Here is what California employees need to know about their status to collect overtime wages.

What is the Difference Between Exempt & Non-Exempt Employees in California?

Employees are typically classified as exempt or non-exempt to California wage and hour laws.

According to the California Department of Industrial Relations, non-exempt workers include “persons employed in professional, technical, clerical, mechanical, and similar occupations whether paid on a time, piece rate, commission, or another basis.”

Exempt employees may not be subject to wage and hour laws, including overtime and lunch break laws, and may include:

• Employees earning commissions
• Independent contractors
• White-collar workers

To qualify as an exempt employee in California, employees must:

• Customarily and regularly exercise discretion and independent judgment in performing those job duties.
• Earn a monthly salary equivalent to at least twice the California minimum wage for full-time employment.
• Spend more than one-half of their work time performing intellectual, managerial, or creative work.

It is against California labor law for an employer to fail to pay an employee for overtime work.

California employers may misclassify workers as exempt to avoid paying overtime wages, which is also illegal.

If you believe you have been wrongfully denied overtime wages, or have been misclassified by your employer, contact our skilled employment law attorney in Pasadena today to discuss your case during a free consultation.

Our Pasadena Employment Law Attorneys Also Focuses on the Following Practice Areas:

• Employment Misclassification
• Fair Employment and Housing Act
• Racial Discrimination
• Whistleblower Retaliation
• Workplace Safety Lawsuit

Can My California Employer Fire Me for Pursuing an Unpaid Overtime Claim?

Employers in California cannot retaliate against workers for exercising their rights under California labor laws.

If an employer takes retaliatory action against an employee or fires an employee for citing wage and hour violations or filing an unpaid wages lawsuit, the employer may be pursued for more than one employment violation, which could include wrongful termination.

Contact Our Skilled Wage & Hour Law Attorneys in Pasadena to Schedule a Free Consultation Today

If you believe you are a non-exempt employee who is not being paid the proper overtime pay for the additional time you have worked, contact our experienced Pasadena employment lawyer to discuss your unique workplace circumstances today.

Our employment law firm and Romero Law, APC staff offer services in both English and Spanish and are available now to discuss your case during a free consultation by calling 626-396-9900 or contacting us online.