***Please Note: Deadlines to file complaints with the Labor Commissioner have temporarily been suspended due to the COVID-19 pandemic.***
Wages and Overtime Pay
Wages and overtime pay are the reason you, as an employee, go to work. We all have other motivations but when we break it down you work to paid. Plain and simple. When you are not paid in accordance with your agreement with your employer you have been wronged and deserve compensation.
Every employee deserves to be properly, and timely, compensated for their time spent working for their employers. When you have not been properly compensated your rights have been violated and you deserve proper compensation. Bay Legal is hear to help.
Our approach for wage and overtime complaints is to work/negotiate with your employer, on your behalf, to recover your lost wages as quickly as possible.
Federal Labor Standards Act (FLSA).
Dictates federal requirements, and minimum wage, including child labor and unemployment insurance requirements. The Wage and Hour Division which oversees these areas is a division of the Department of Labor which oversees all federal labor laws.
Minimum / Adequate Wages
The current federal minimum wage is $7.25 per hour. While some states have higher minimum wage requirements. In California, beginning in January 1, 2017, the minimum wage increases annually until it reaches $15.00 an hour in January 2022 or January 2023 (depending on the size of the employer).
For information on your locality please refer to UC Berkeley Labor Center link at the end of this paragraph. The UC Berkeley Labor Center keeps a detailed national list of local minimum wage ordinances. The Department of Industrial Relations does not monitor or verify this list but includes it here as a reference for the public: UC Berkeley Labor Center Inventory of US City and County Minimum Wage Ordinances
Receiving Proper Overtime Pay
With few exceptions overtime must must be at least 1.5 * regular pay rate (one and one half times your regular pay rate) and is paid for all time spent working in excess of a standard 40-hour work week. Please note that not all positions are eligible for overtime pay. Salaried employees are generally not eligible for overtime and some businesses and industries are exempt, under the FLSA, from the overtime pay requirements.
Complaints & Collection
When an employer fails or refuses to properly compensate an hourly employee the employee has three options. They can either file a complaint, file a lawsuit, or hire a lawyer to request an “out-of-court” settlement for all amounts owed.
1) Wage and overtime complaints are filed with the Department of Labor’s Wage and Hour Division.
2) A law suit is filed in a court of law.
3) Hiring a lawyer to request an out-of-court settlement, including full compensation to the employee and legal fees, is generally the best option. Over 85% of employers are eager to settle out of court for full payment to employees who have been shorted wages and overtime payments.
At Bay Legal, we start with step three as it is the best solution for all parties. The worker is compensated much faster and the employer avoids the expense and time required to attend the hearings.
Let us help you collect on the wages and overtime payments you have earned and are owed.
Book a consultation with one of our employment lawyers today.Our lawyers help clients in all aspects of you employment and compensation related items.
Bay Legal helps you in your legal matters
- Wage and Overtime recovery
- Division of Labor Standards Enforcement (DLSE) filings
- Employer Retaliation / Discrimination Complaints
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