Overtime Protection Lawsuits and Cases

In these overtime protection lawsuits, they focus on the fact that overtime wages are earned when an employee works over 8 hours in a single workday (any hours over 8 hours are due wages at 1½ times the wage rate up to 12 hours worked in a single workday and 2 times the wage rate over 12 hours worked in a single workday) or over 40 hours worked in a single workweek. Calculations of overtime wages due can be made on a daily basis or on a weekly basis.

In regards to overtime protection lawsuits and cases, many lawyers do not understand how to calculate such unpaid wages. Complications include hours worked off the clock, hours spent traveling between work sites (but not to and from work or home) and hours spent on training and other required activities, which must be paid in full as working hours.

Other challenges in these overtime protection cases come when a “nonexempt” worker (someone who is not an independent contractor and who does not fall under any of the Industrial Wage Commission Wage Order exemptions, like for management and administrators, creative workers, professional workers like doctors and lawyers and accountants, and outside salespeople) is paid a salary. Thus, there is no “base rate” wage from which to calculate unpaid hours and unpaid overtime wages. But the California Labor Code has a formula for calculating what the hourly rate is for “salaried” workers, and that can lead to significant underpayment of both minimum wages and overtime wages.

If you have a case and possible lawsuit similar to these, contact Ken Ralidis at 213.251.5480 today to see how he can help you get the compensation you deserve. We have often obtained results for our clients that are 10-25 times what the initial offer was. Don’t just settle for any attorney that may not have the experience, or a big law firm that doesn’t have the time or resources for a case like yours. Reach out to Ken Ralidis for his experience and the personal attention he offers. We can help you win your case!