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Unpaid Wages & Overtime
Best Occupational Disease Lawyers Fighting for Your Rights!
Expert Occupational Disease Attorney for Your Case!
California’s wage and overtime laws obligate employers to fully compensate employees for all hours worked. If you are an hourly employee and work more than 40 hours per week or 8 hours per day, you are entitled to overtime pay. When your employer does not pay you the overtime you are entitled to, or is manipulating your hours in order to pay you less, your employer is coming wage theft. When your overtime rights are being infringed upon, our labor and employment attorney will fight for your right to get you the proper compensation, ensuring that your employer meets their obligation to pay you what you are owed.
DO NOT BE A VICTIM OF WAGE THEFT BY YOUR EMPLOYER!
- Do you work overtime (OT), but are not being “paid” for it?
- Are you an “hourly” employee, even though your employer has given you the title of “manager” and pays you by salary just to get away from paying OT?
- Is your employer treating you as an “independant contractor”, just to get away from paying you OT?
Practice Areas
Automobile Accident
Truck Accident
Motorcycle Accident
Bicycle Accident
Pedestrian Accident
Slip and Fall Accident
Premises Liability
Product Liability
Medical Malpractice
Dog Bites
Wrongful Death
Defective Drugs
Class Action
Rear End Accidents
Drunk driving accident attorney
Passenger Accident
Heavy equipment accident attorney
Nursing home neglect attorney
Defective product attorney
What is Workers’ Compensation?
What to do After a Work Injury
Injured Worker Right to Medical Treatment
Injured Worker Rights To Temporary Disability Benefits
Injured Worker Right’s To Permanent Disability Benefits
Injured Worker’s Rights to Voucher
Injured Worker’s Rights to Death Benefits
Discrimination Against Injured Worker
Workers’ Comp Settlement Options
Serious & Willful Claim
Catastrophic Injury attorney
Workplace Injuries
Repetitive Stress Injuries
Occupational Diseases
Construction Accidents
Slip and Falls at Work
Workplace Chemical Exposure
Hearing Loss Claims
Workers’ Compensation Appeals
Burn Injuries
Brain Injuries
Spinal Cord Injuries
Denied Workers’ Compensation Claims
Delayed Workers’ Compensation Claims
Disability Claims
Medical Benefits Claims
Liability Claims
Back and Neck Injuries
Fatal Workplace Accidents
Office-Related Injuries
Workers’ Compensation Benefits for Coronavirus
Harassment and Discrimination Attorney
Job discrimination attorney
Wrongful termination attorney
Pregnancy discrimination attorney
Age discrimination attorney
Disability discrimination attorney
Racial discrimination attorney
Religious discrimination attorney
Gender discrimination attorney
Sexual harassment attorney
Whistleblower attorney
Glass ceiling attorney
Lactation accommodation attorney
Non-Competition Clauses
Employment At-Will & Breach of Employment Contract
Implied & Oral Contracts
Unpaid Wages & Overtime
Unpaid Wages & Overtime Attorney
Overtime Exemption
Overtime Executive Exemption
Overtime Administrative Exemption
Overtime Professional Employee Exemption
Overtime Computer Professional Exemption
Overtime Outside Salesperson Exemption
Meal Breaks
Rest Breaks
Accrued vacationTips and Gratuity
Commission and internal salesperson
Unlawful deductions requirement
Holiday pay requirements
Independent contractor vs. employee
Minimum wage
Paydays and Pay Period
Reporting time requirements
Split shift requirements
Waiting time penalty
Alternative work schedule
Cash Pay Under the Table
Áreas de práctica
¿QUÉ HACER EN CASO DE UN ACCIDENTE DE TRABAJO?
¿Qué es una indemnización laboral?
Derecho a tratamiento médico inmediato para un trabajador lesionado
Derechos de incapacidad permanente para trabajadores lesionados
Derechos de incapacidad temporal para trabajadores lesionados
Derechos de un trabajador lesionado a un vale.
Derechos de trabajadores lesionados a beneficios por fallecimiento
DEMANDA DE INDEMNIZACIÓN LABORAL NEGADA
DISCRIMINACIÓN CONTRA UN TRABAJADOR LESIONADO
OPCIONES DE ACUERDO DE INDEMNIZACIÓN LABORAL
Impago de Salarios y Horas Extras
Abogado de salarios y horas extras no pagadas
EXCEPCIONES DE HORAS EXTRAS EJECUTIVAS
EXCEPCIONES DE HORAS EXTRAS ADMINISTRATIVAS
Excepciones de horas extras de empleado profesional.
EXCEPCIÓN DE HORAS EXTRAS POR PROFESION COMPUTACIONAL
EXCEPCIÓN DE HORAS EXTRAS DE VENDEDOR EXTERNO
COMISIONES Y VENDEDORES INTERNOS
REQUISITOS PARA EL PAGO DE DÍAS FESTIVOS
CONTRATISTA INDEPENDIENTE VS EMPLEADO
REQUISITOS PARA EL REPORTE DE HORAS
REQUISITOS DE TURNOS DIVIDIDOS
ABOGADO DE DISCRIMINACIÓN LABORAL
ABOGADO DE DESPIDO INJUSTIFICADO
ABOGADO DE DISCRIMINACIÓN POR EMBARAZO
ABOGADO DE DISCRIMINACIÓN POR EDAD
ABOGADO DE DISCRIMINACIÓN POR DISCAPACIDAD
ABOGADO DE DISCRIMINACIÓN RACIAL
ABOGADO DE DISCRIMINACIÓN RELIGIOSA
ABOGADO DE DISCRIMINACIÓN DE GÉNERO
ABOGADO DE DISCRIMINACIÓN POR IMPEDIMENTO
ABOGADO DE AJUSTES POR LACTANCIA
TRABAJO POR VOLUNTAD PROPIA E INCUMPLIMIENTO DEL CONTRATO LABORAL
MAIN OFFICE
5843 Pine Ave Suite A Chino Hills CA 91709
E-MAIL
info@rawa.com
TELEPHONE
844-444-1400
WORKING HOURS
Mon To Sun
8am – 8pm
WHO IS ENTITLED TO AN OVERTIME PAY UNDER CALIFORNIA LAW?
According to the California Department of Industrial Relations(1), California’s wage and overtime law is designed to protect workers. The state’s, “overtime pay” is considered additional wages and pay for working over 40 hours a week or over 8 hours in a day.
Generally, under California law, the state presumes that all employees are entitled to OT compensation, unless the employer meets one or more of the narrowly defined “exemptions“. Exemptions are narrowly construed against the employer, and their application is limited to those employees plainly and unmistakably within their terms. The major exemptions are: “Executive Exemption“, “Administrative Exemption“, “Professional Exemption“, the “Computer Professional Exemption”, “Outside Salespersons Exemption”, and “Family Member Exemption”.
If you do not meet all of the requirements, for at least one of these exemptions, you are entitled to OT pay.
An “exempt employee” is not entitled to OT pay, however a “non-exempt” employee is entitled to overtime. An employee’s eligibility for OT pay is dependent upon the nature of their job duties. The “label” or “title” the employer gives the employee, does not deem the employee exempt from OT pay. It is the actual duties performed by the employee that determine whether the employee is exempted from OT pay or not.
- Any nonexempt employee 18 years of age or older, or any minor employee 16 or 17 years of age who is not required by law to attend school and is not otherwise prohibited by law from engaging in the subject work, should not work more than eight hours a day or more than 40 hours a week unless he or she receives one and one-half times his or her regular rate of pay for any extra hours.
- Employee is entitled to one and one-half times the employee’s regular rate of pay for all hours worked in excess of eight (8) hours up to and including twelve (12) hours in any workday, and for the first eight (8) hours worked on the seventh consecutive day of work in a workweek; and
- Employee is entitled to double the employee’s regular rate of pay for all hours worked in excess of twelve (12) hours in any workday and for all hours worked in excess of eight (8) hours on the seventh consecutive day of work in a workweek.
- Eight hours of work is considered a day’s work, and employment in excess of eight hours in any workday or more than six days in any workweek is allowed provided the employee is compensated for the overtime.
Once you, as an employee, have established a basic presumption of overtime claim, you will win, unless your employer can prove that you are legally exempt. If your employer asserts that you are exempt, your employer has the burden of proving all the implants of such exemption.
In many cases, employers wrongfully deprive employees of earned OT pay. Even an “at-will” employee may legally sue an employer who has wrongfully denied them of their rightful OT pay. An employee also reserves the right to sue their employer for wrongful termination, if that employee is wrongfully terminated or harassed in retaliation for demanding OT pay that he or she is
Wages and Overtime
Employment Classification and Minimum Wage
HOW EMPLOYERS OFTEN TRY TO AVOID PAYING OVERTIME?
Expert Occupational Disease Attorney for Your Case!
“Misclassification as an Exempt Employee”- Often, employers will attempt to find ways to avoid paying overtime. They might put an employee on salaried pay, or give them a specific title that does not match their job duties. However, it is important for employees to know that even under these circumstances, they are still able to receive overtime pay. The experienced employment attorneys, at the Rawa Law Group, can explain exactly what your rights are, and help you to fight for the compensation that you deserve.
“Misclassification as an independent contractor”- Sometimes, an employer may treat an employee as an “independent contractor”, although they are, in fact, legally an employee. This is the case whenever the employer has total control of the employee and his employment.
“Cash Pay” (or so called under the table pay)- In many instances, employers pay employees cash to avoid paying taxes. This also deprives the employee of their rightful OT pay. If your employer is depriving you of your OT pay, and you are considering legal action against them for this, or any other employment issue, do yourself a favor and contact our unpaid overtime and wage attorneys now.
Answers to Frequently Ask Questions From Rawa Law Group
Frequently Asked Questions
The timeframe for filing an occupational disease claim varies by location and case specifics. Generally, you have a statute of limitations ranging from one to three years from the date of diagnosis or when you became aware of the connection between your illness and workplace exposure. It’s crucial to consult with a top-rated attorney for occupational diseases as soon as possible to ensure you meet all deadlines and preserve your right to compensation.
Typically, the individual suffering from the occupational disease can file a lawsuit. In some cases, family members or dependents may also have grounds for a claim if the illness has severe long-term impacts. An experienced occupational disease lawyer can help determine who has the legal standing to pursue the case.
Damages in an occupational disease lawsuit may include medical expenses, lost wages, pain and suffering, and other related costs. Your attorney for occupational diseases will help you understand the full scope of damages you can claim based on the specifics of your case.
Workers'Comp Practice Areas
At Rawa Law Group, we have a proven track record of success in handling a wide range of Worker’s compensation cases, ensuring fair compensation to the victims. Some of them include:
Workers'Comp Practice Areas
At Rawa Law Group, we have a proven track record of success in handling a wide range of Worker’s compensation cases, ensuring fair compensation to the victims. Some of them include:
Personal Injury Practice Areas
At Rawa Law Group, we thoroughly understand the complexities of these personal injury cases, ensuring that you receive justice and compensation on time. Some of our personal injury practice areas include:
Personal Injury Practice Areas
At Rawa Law Group, we thoroughly understand the complexities of these personal injury cases, ensuring that you receive justice and compensation on time. Some of our personal injury practice areas include: