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  • Mike Chappars

General Overtime Claims

Updated: Nov 15, 2018

As with most legal issues, employment overtime claims can be very complex and difficult.

GENERAL REQUIREMENTSIn California, workers should be paid overtime for working more than eight hours a day, more than forty hours in a week, or for working the seventh day in a row.


RETALIATION

An employer cannot fire you for making an overtime complaint.  An employer who does so is in violation of labor rules against retaliation, and such an employer is subject to further fines and damages.

MISCLASSIFICATION

Many employers will illegally classify their employees as Independent Contractors or as exempt from overtime pay. The Key Factor justifying overtime exemption is your daily tasks.  Job Descriptions, Resumes, and Job Titles will not protect employers who misclassify workers. You may be entitled to all your missed overtime pay and penalties if you were not paid what you were owed.

GET INSPIRED!

Actions against employers can move very slowly and can be filled with many difficulties. Companies have many resources and they will work hard to protect themselves. Even with a good attorney, the struggle can be long and difficult. You will need to stay strong and fight hard. Good luck!


External Resources:


https://www.dir.ca.gov/dlse/faq_overtimeexemptions.htm

List made by the State of California showing the list of workers exempt from overtime pay. All other workers should get overtime pay.


https://www.fisherphillips.com/resources-newsletters-article-new-abc-test-for-independent-contractors-sends

An Article that describes the "ABC Test" adoped in California. This rule requires that most employees characterized as "Independent Contractors" to be put on payroll as regular employees.


https://www.employmentattorneyla.com/blog/2015/05/workplace-retaliation-in-california-what-are-your-rights.shtml

An Article explaining what counts as Workplace Retaliation in California.

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