Skilled Overtime Misclassification Attorneys in Los Angeles, California
The Leichter Law Firm, APC Los Angeles overtime misclassification attorney, Aryeh Leichter, knows that California employers often misclassify workers as independent contractors, instead of employees, to avoid paying overtime wages they may be entitled to.
Both the California Labor Code and Fair Labor Standards Act (FLSA) work together to regulate minimum wage, overtime wages, overtime eligibility, and govern California overtime laws.
In short, California employers must pay non-exempt employees overtime when they work over 8 hours in a single workday and/or 40 hours in a single workweek.
The key to determining who is exempt, and who is not, is where misclassification becomes a legal issue.
Which Employees are Exempt from Receiving Overtime Pay in California?
California employers may legally deny overtime pay to exempt employees identified by the FLSA and/or the California Labor Code. That includes independent contractors (link to independent contractors practice area page).
There are five other exemption categories, which include:
- An administrative exemption applies to certain office or non-manual workers whose duties and responsibilities are directly related to management policies or the general business operations of their employer or employer’s customers.
- A professional exemption applies to certain professionals licensed or certified by the State of California and primarily engaged in the practice of a recognized profession such as medicine, education, architecture or engineering.
- An inside sales exemption applies to salespeople who earn a base pay and commission more than 1.5 times the current California minimum wage requirement
- An executive exemption applies to company executives and high-level managers who customarily and regularly direct the work of two or more other employees who have the authority to hire or fire other employees or whose suggestions and recommendations are given particular weight.
- A computer professional exemption applies to computer workers in independent, creative environments such as computer programmers and systems analysts.
While most exempt employees earn a salary greater than two times the current California minimum wage as required by the administrative, professional, and executive exemptions, their roles may require working extended hours without receiving fair compensation.
If you believe you have been misclassified as an independent contractor, manager, or another exempt role to avoid being paid overtime, contact a skilled employment law attorney in Los Angeles to learn more about your legal rights and options and to pursue your employer for the proper pay.
How Much is Overtime Pay in California?
California overtime law sets the overtime pay rate for an employee working more than eight hours a workday and forty hours in a workweek.
That rate is one and a half times the employee’s normal pay.
If an employee works more than twelve hours a day or more than eight hours on the seventh consecutive day, they must be paid double their normal pay rate.
Combined with other employment expenses, the overtime pay rate in California is one of the leading factors for employee misclassification.
Those expenses may include:
- Age Discrimination
- Breach of Employment Contracts
- Disability, FMLA, CFRA
- Independent Contractor Claims
- Overtime Misclassification
- Pregnancy Discrimination
- Residential Apartment Manager
- Review of Severance Agreement
- Sexual Harassment
California employment misclassification is illegal, whether you are misclassified as an independent contractor or another exempt category.
Contact the Experienced the Leichter Law Firm, APC Overtime Misclassification Attorney in Los Angeles, California Today
If you believe you have been misclassified, you may be entitled to financial compensation and other benefits from the hiring company or employer that inaccurately classified your employment.
Contact the Leichter Law Firm, APC overtime misclassification attorney in Los Angeles, California today at 818-915-6624 or online to learn more about your rights and options to hold the offending party liable for your financial recovery needs.