If your employer failed to pay you overtime or other wages to which you are entitled, you may be able to file a claim to recover the money you are owed. You could also be entitled to additional forms of compensation that are meant to punish your employer for breaking wage laws.
If you would like to learn about your options for recovering your unpaid wages and other damages, contact our experienced Sacramento wage and hour lawyer for assistance. We can explain your rights during a free initial consultation and develop a legal strategy based on the specific circumstances of your case.
Employers are required to pay their employees for the hours that they have worked. Workers are entitled to at least the minimum wage. However, if the employer and employee agree on a higher rate, this rate must be paid. If your employer did not pay you for the hours that you worked, you may have a legal claim against your employer for unpaid wages.
In addition to your actual hours worked, you may also be entitled to wages for break times if your employer provides for breaks. This includes:
Overtime refers to any hours during a workweek that exceed 40 hours. Eligible employees should also be paid overtime after working more than 12 hours in one day or working more than seven consecutive days.
Under state and federal law, compensation for overtime hours is time and a half, or 150 percent of your regular rate of pay. For example, if your hourly rate is $20.00/hour, your overtime rate for all hours worked over 40 hours is $30.00/hour.
Some employees are not entitled to overtime pay, based on the industry and type of position that they work in. For example, employees whose jobs fit the criteria for an executive or computer employee exemption are not entitled to overtime pay. However, employers may sometimes misclassify employees to avoid having to pay overtime compensation.
A lot of unpaid overtime claims involve employers paying employees at the regular rate for the overtime hours worked. In this type of case, the amount of damages would be equal to 50 percent of the hourly rate for each overtime hour worked.
In addition to being entitled to your unpaid regular and overtime wages, you may also be able to receive other forms of compensation, including the following:
If you were not paid your wages, you may choose to file an administrative claim with the California Department of Industrial Relations, or you may choose to file a lawsuit. A lawyer can explain the deadline for filing your claim. He or she can also discuss the damages that you can pursue through an unpaid wage claim, including reimbursement for attorney’s fees and costs to bring your claim.
An employment law attorney can assess your case during a free consultation. He or she can also advise you if you may have additional claims against your employer, such as a breach of contract claim or wrongful termination lawsuit.
A lawyer can discuss your legal options so that you can make informed decisions about how to proceed with your case.
Schedule a free consultation today. Call 916-777-7777.
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