Employers Often Fail to Pay Proper Overtime

Employers must abide by specific state and federal regulations when paying employees for their work. Employees who are not paid properly may be entitled to compensation and damages in individual or class action claims against their employers. If your employer did not pay you the amount you are entitled to for straight or overtime wages, or if you were not paid minimum wage, it is advisable to obtain the legal counsel of an experienced and knowledgeable wage and hour employment attorney. The Law Firm of Lauby, Mankin & Lauby LLP offers a complimentary consultation to assess your specific wage and hour case. To schedule your appointment, call us at 888-959-8508.

  • Are you paid on an hourly basis and earn bonus pay?
  • Does your employer pay commissions?
  • Do you receive any sort of per-hour pay in addition to your hourly rate?  For instance, some employees receive “shift differential” pay of an extra $0.50 per hour due to working a night shift.  Other employees may receive “hazard pay” or other similar amounts, all calculated by multiplying a pay rate by the number of hours worked per week.

In these situations, employers are typically required to include these additional forms of compensation when calculating the proper rate for overtime.  In fact, both California and Federal law is clear – your overtime rate is not simply 1.5 times your base rate of pay.  As an example, for an employee that earns $15 per hour and receives a $1,000 earned bonus in a workweek, the proper overtime rate for is not $22.50 ($15 x 1.5).  Instead, that employee’s overtime rate should be much higher when considering the $1,000 bonus payment that was earned in addition to hourly pay.

Unfortunately, many employers fail to follow these clear requirements and continue to underpay their employees.  If this has happened to you, please contact our attorneys for a free consultation because you may be entitled to substantial unpaid wages, penalties, and interest.

In cases of wage and hour disputes, highly complex issues are often addressed. The California Labor Code and the Federal Labor Standards Act are both subject to interpretation as applied to the circumstances and facts at hand. For more than 15 years, Lauby, Mankin & Lauby LLP has been helping Californians with complex wage and hour issues. We offer a complimentary case review to assess your situation and to discuss viable options that may be available to you. There are no fees in contingency cases unless we favorably resolve the case by settlement, court award, judgment or mediation/arbitration. To schedule your free appointment with Lauby, Mankin & Lauby LLP, call us at 888-959-8508.

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