Vincent W Davis

Overtime Laws / Overtime Disputes

California Overtime Laws and Overtime Disputes

Wage and hour disputes often involve (but are not limited to):

  • Overtime Pay
  • Minimum Wage
  • Unpaid Last Paychecks
  • Unpaid Commissions
  • Unpaid Salary
  • Vacation Pay
  • Unauthorized deductions of wages

Federal and California Laws

Federal and an California laws require that your employer pay you minimum wages and, in most instances, overtime wages.

Minimum Wage Laws

The federal minimum wage law requires that your employer pay you at least $7.25 per hour. Here in California, however, the state law requires a minimum of $8.00 per hour. In many situations, you must actually be paid for “standing” and “travel time.” Moreover, your employer is prohibited from fining or “docking your wages” below the minimum wage. It is also illegal to withhold your final paycheck.

Overtime Hours and Wages

Federal and California laws also require that certain “non-exempt employees” be paid overtime wages which is calculated as time-and-a-half wages for each hour worked over forty hours in a work week.

Salaried Workers and Overtime

If you are paid a salary instead of an hourly wage, you may still be entitled to overtime pay. It is your actual job duties and responsibilities that determine if you must be paid overtime, not your salaried status or job title. If you have not been paid overtime wages in an defined workweek, your employer may have violated the law and you may be entitled to actual damages. Here again, a Wage and Hour Lawyer form Vincent W. Davis & Associates can help you determine what you are entitled to and assist you in negotiating a settlement or making a claim.

Hourly Workers and Overtime

If you are an hourly i.e. you are a “nonexempt” worker, the FLSA requires that you be paid at one and a half times your regular hourly rate if you work more than 40 hours in a five-day work week. Additionally, several classifications of salaried employees are exempt from the minimum wage and overtime requirements of the FLSA: independent contractors, outside salespersons, employees of certain retail establishments, amusement and recreation park employees, and others who meet various statutory tests, such as persons who hold some executive, administrative, and professional jobs.

Employers are LIABLE for UNPAID Overtime

Employers who fail to pay required overtime are liable for all unpaid overtime compensation and an equal amount as liquidated damages, plus attorney fees and costs. For conscious and willful violations, damages often include earned overtime up to 3-years back, AND punitive damages.

Hourly Workers: When Over Time is Justified

If you are an hourly worker, you may be entitled to overtime pay under the following conditions:

  • If you arrive to work earlier than your starting time and do any work at the request of your employer
  • If you often work through lunch breaks at your employer’s request
  • If you take work home with the permission and knowledge of your employer
  • When at home you are required to be “on call” and ready to report to work within an hour or less

Bottom Line?

Most wage disputes are the result of unpaid wages, improperly calculated overtime, outright disrespect of your hours worked and minimum wage violations.

Contact a California Labor Law Attorney

If you find yourself with wage or overtime disputes in California, contact an employment attorney at Vincent W. Davis & Associates to set up a no-cost, no-obligation consultation for a thorough assessment of your unique situation. Most employment issues can be preliminarily discussed by phone, and then if it is necessary to visit us in person, we have several conveniently-located offices in and around the Southern California counties and cities including, but not limited to:

  • Los Angeles
  • Los Angeles County
  • Orange County
  • Riverside County
  • San Bernardino County
  • Santa Ana</li
  • Beverly Hills
  • Anaheim
  • Irvine
  • Long Beach
  • Pasadena
  • And more…

Arcadia Office
150 N. Santa Anita Ave,
Suite 200
Arcadia, CA 91006
Phone: (626) 446-6442
Fax: (626)-446-6454


Beverly Hills Office
9465 Wilshire Blvd.
Suite 300
Beverly Hills, CA 90212
Phone: (310)-880-5733


La Mirada Office
Cerritos Towne Center
17777 Center Court Drive ,
Suite 600
Cerritos, California, 90703
Phone: 888-888-6542


Los Angeles Office
Gas Company Tower
555 West Fifth Street,
31st Floor
Los Angeles, California, 90013
Phone: (213)-400-4132


Long Beach Office
Landmark Square
111 West Ocean Blvd.,
Suite 400
Long beach, California, 90802


Irvine Office
Oracle Tower
17901 Von Karman Avenue,
Suite 600
Irvine, California, 92614
Phone: (949)-203-3971
Fax: (949)-203-3972


Ontario Office
Lakeshore Center
3281 E. Guasti Road,
7th Floor
City of Ontario, California, 91761
Phone:(909)-996-5644


Riverside Office
Turner Riverwalk
11801 Pierce Street,
Suite 200
Riverside, California, 92505
Phone: (909)-996-5644


San Diego
Emerald Plaza
402 West Broadway,
Suite #400
San Diego, California, 92101
Phone: (619)-885-2070


Aliso Viejo
Ladera Corporate Terrace
999 Corporate Drive,
Suite 100
Ladera Ranch, California, 92694
Phone: (714) 721-3822