Overtime Lawyers for Los Angeles, Orange, Riverside, San Bernardino, and Ventura Counties

Clarifying The Complexities of Overtime Law

Overtime compensation laws serve the dual purpose of inducing the employer to reduce the hours of work and to employ more individuals and of compensating the employees for the burden of a long workweek.  Overtime laws also serve to spread employment throughout the workforce by putting financial pressure on the employer, and to protect employees in a relatively weak bargaining position against the evil of overwork.  While its goal is simple, overtime law can be complex and confusing.  California employers are required to comply with federal statutes and regulations as well as state statutes and regulations (including wage orders) which set forth the detailed standards governing the payment of overtime compensation. Figuring out which overtime law applies, whether it applies, and how it applies to a given situation is not always easy.

This complex overlapping framework sometimes leads to confusion and creates a situation where there is a failure to pay overtime.  If you are in Los Angeles, Orange, Riverside, San Bernardino, or Ventura and have a question about whether overtime is owing or not, an overtime lawyer can help. Call one of our overtime attorneys to discuss your specific situation.  With offices in Los Angeles, Orange, Riverside, and San Bernardino our lawyers stand ready to handle overtime cases throughout Southern California. If you need an overtime lawyer for Los Angeles, Orange, Riverside, San Bernardino, or Ventura we can help.

Protecting Employees Against Overwork Without Overtime Pay

Overtime laws serve many goals.  Chief among them is the goal of compensating employees for the burden of working extra-long hours.  Another goal of overtime law is to induce employers to reduce the number of work hours given to one person, and to instead employ more people, and spread the work.

While the overtime laws do not necessarily apply to every employee in every job, employers in California are generally required to pay nonexempt employees at the overtime at the rate of one and one-half (1½) times the regular rate of pay for all hours worked in excess of eight (8) hours per day and/or forty (40) hours per week, and for the first eight (8) hours on the seventh consecutive work day.  Similarly, employers in California are generally required to pay nonexempt employees double time after eight (8) hours on the seventh day of any work week, or after twelve (12) hours on any workday.

Every overtime law has its own requirements and exemptions.  Overtime law is not “one size fits all.”  Therefore, if you feel your rights may have been violated and need to speak with an overtime lawyer for Los Angeles, Orange, Riverside, San Bernardino, and Ventura the Akopyan Law Firm A.P.C. can help with your specific situation. We have years of experience in all facets of employment law.  We are dedicated to getting you the justice you deserve. Contact us today for a complimentary case evaluation.

Personal Attention from An Overtime Lawyer in Los Angeles

If you are in Los Angeles, or surrounding areas you can try to find a lawyer by using search terms like “best overtime lawyer Los Angeles” or “overtime attorney Los Angeles” or “best overtime lawyer near me” but that may not get you the answers you are looking for.  You may end up speaking with an “assistant” and never hear from an actual attorney. To speak directly with an overtime lawyer personally, contact us today.

Skilled Overtime Attorneys Enforcing Your Rights

The overtime lawyers at the Akopyan Law Firm, A.P.C. have experience representing both employers and employees in cases involving overtime compensation.  We have represented clients in cases involving overtime compensation both in civil cases in court and administrative cases before the Labor Commission.  If you believe that you have been denied overtime pay call us today for your complimentary case evaluation.  Our overtime lawyers in Los Angeles, Orange, Riverside, San Berardino, and Ventura can fight for the compensation you deserve.

Frequently Asked Questions About Overtime Pay:

Do I get paid overtime if I worked overtime without my boss’ permission?

Yes. California law requires that employers pay overtime, whether authorized or not. However, most employers require prior authorization before working overtime and you may be subjected to discipline if you work unauthorized overtime. If your employer refuses to pay overtime because you worked overtime without prior authorization, call one of our overtime lawyers to discuss your options.

Can my employer make me work overtime hours without overtime pay, and make up for it with time off?

No. It is unlawful for employers to deny overtime compensation or insist that employees work these extra hours for the promise of future time off or other benefits. If you are in the Los Angeles, Riverside, San Bernardino, or Orange County, and have been denied overtime pay, an overtime lawyer in Los Angeles can get you the overtime pay that is rightfully owed. Call us today for a complimentary case evaluation.

Is it legal for an employer to pay me for overtime hours at my regular rate? 

Not if you are nonexempt.  If you have worked overtime, and were not paid an overtime premium, your employer may have broken the law. If you feel you are being treated unfairly and denied rightful pay, an overtime lawyer in Los Angeles, Orange, Riverside, San Berardino, or Ventura can get you compensation to which you are entitled.

Can my employer retaliate against me for complaining about not getting paid overtime?

No.  If you have complained to your employer about not getting all overtime pay, and your employer has terminated, bullied, demoted, or threatened you, you have rights. Employers that threaten or harass employees may be breaking the law. If there is ever a question of whether overtime is owing or not, contact an overtime lawyer in Los Angeles right away. Every situation is different, so schedule a complimentary case evaluation with our overtime attorneys to discuss your case.

Featured Overtime Case:

Morillion v. Royal Packing Co., (2000) 22 Cal. 4th 575

Agricultural workers filed a lawsuit against their employer to recover compensation for time they spent commuting on the employer’s buses and to recover penalties for employer’s failure to compensate them. The Superior Court dismissed the complaint. The employees appealed. The Court of Appeal affirmed. The employees appealed again.  The Supreme Court granted review, superseding the opinion of the Court of Appeal. The Supreme Court held that the agricultural employees were subject to employer’s “control” during time spent traveling to and from fields on employer-provided buses, and thus, such time was compensable as “hours worked” under Industrial Welfare Commission (IWC) wage order defining hours worked as time during which employee is subject to control of employer.  The Supreme Court’s opinion explained as follows: “Contrary to the Court of Appeal’s interpretation, the phrase “suffered or permitted to work, whether or not required to do so” encompasses a meaning distinct from merely “working.” Along with other amici curiae, the California Labor Commissioner notes that “the time the employee is suffered or permitted to work, whether or not required to do so can be interpreted as time an employee is working but is not subject to an employer’s control. This time can include work such as unauthorized overtime, which the employer has not requested or required. “Work not requested but suffered or permitted is work time. For example, an employee may voluntarily continue to work at the end of the shift…. The employer knows or has reason to believe that he is continuing to work and the time is working time. [Citations.]” “In all such cases it is the duty of the management to exercise its control and see that the work is not performed if it does not want it to be performed.” Although our state cases have not interpreted the phrase, federal cases have discussed the meaning of “suffer or permit to work” defining “[e]mploy” under the FLSA. (29 U.S.C. § 203(g).) “ ‘[T]he words “suffer” and “permit” as used in the statute mean “with the knowledge of the employer.” ’ [Citation.] Thus an employer who knows or should have known that an employee is or was working overtime must comply with the provisions of [29 U.S.C.] § 207 [maximum hours].” Implicitly relying on the Court of Appeal’s revised definition of “hours worked” (“the definition of ‘hours worked’ should mean the hours suffered or permitted to work [in an agricultural occupation], whether or not required to do so”), Royal argues the definition of “[e]mployed in an agricultural occupation” in Wage Order No. 14–80 (subd. 2(C)(4)) supports its claim that plaintiffs’ compulsory travel time is not compensable. Because the phrase “transportation on the farm or to the place of first processing or distribution” (ibid.) is included in the definition of “[e]mployed in an agricultural occupation” (subd. 2(C)), Royal asserts that other types of transportation are accordingly excluded, based on the principle of statutory construction that the inclusion of one term excludes another. Thus, Royal contends plaintiffs’ compulsory travel time is excluded and is therefore not compensable as “hours worked.” Royal’s contention, however, is based on the Court of Appeal’s revised definition, which we find to be improper.  In redefining “hours worked,” the Court of Appeal substitutes other words for the express language contained under “hours worked,” which amounts to improper judicial legislation. (County of Santa Clara v. Perry (1998) 18 Cal.4th 435, 446, 75 Cal.Rptr.2d 738, 956 P.2d 1191 [“ ‘ “ ‘[W]hatever may be thought of the wisdom, expediency, or policy of the act [citations],’ ” ‘ we have no power to rewrite the statute to make it conform to a presumed intention that is not expressed. [Citations.]”) Rather than focusing solely on the express definition of “hours worked,” the Court of Appeal extended its review to the definitions of “[e]mployed in an agricultural occupation” and “[e]mploy” contained in Wage Order No. 14–80. (Subd. 2(C), (D).) Although the definition of “[e]mploy” (“to engage, suffer, or permit to work”) (subd. **146 2(D)) may parallel language within the “hours worked” definition (“suffered or permitted to work”) (subd. 2(G)), nothing within Wage Order No. 14–80 suggests reading the definition of “hours worked” as the Court of Appeal revised it. Wage Order No. 14–80 expressly defines “ [e]mployed in an agricultural occupation” as the occupations described in subdivision 2(C)(1) through (7). (Subd. 2(C).) Thus, contrary to Royal’s contention, the definition of “[e]mployed in an agricultural occupation” (ibid.) does not reference the type of work or activity that may be compensable, but rather lists the kinds of occupations that are subject to Wage Order No. 14–80 (“This Order shall apply to all persons employed in an agricultural occupation….”) (Subd. 1.) Accordingly, we reject Royal’s argument that the definition of “[e]mployed in an agricultural occupation” (subd. 2(C)) supports its argument against making plaintiffs’ compulsory travel time compensable.

Contact Us When You Need Overtime Attorneys for Los Angeles, Orange, Riverside, San Bernardino, or Ventura Counties

Call us today at (818) 509-9975 or contact us online to schedule a complimentary case evaluation. We have extensive experience in all aspects of employment law, including overtime compensation.

Areas Served:

The litigation and trial attorneys of the Akopyan Law Firm, A.P.C. provide services throughout Southern California including but not limited to AdelantoAgoura HillsAlhambraAliso ViejoAltadenaAnaheimApple ValleyArcadiaArletaAtwater VillageAzuzaBakersfieldBaldwin ParkBanningBeaumontBellBell GardensBellflowerBeverly HillsBlytheBoyle HeightsBreaBrentwoodBuena ParkBurbankCalabasasCalimesaCamarilloCanoga ParkCanyon LakeCarsonCathedral CityCerritosChatsworthChino HillsChinoClaremontCoachellaColtonComptonCosta MesaCoronaCovinaCulver CityCypressDana PointDesert Hot SpringsDiamond BarDowneyDuarteEagle RockEast HollywoodEast Los AngelesEastvaleEcho ParkEl MonteEl SegundoEl SerenoEncinoFontanaFountain ValleyFullertonGardenaGarden GroveGlassell ParkGlendaleGlendoraGranada HillsHacienda HeightsHawthorneHemetHesperiaHighland ParkHighlandHollywoodHollywood HillsHuntington BeachHuntington ParkIndian WellsIndioInglewoodIrvineJurupa ValleyLa Canada FlintridgeLa-Crescenta MontroseLa HabraLa MiradaLa PalmaLa PuenteLa QuintaLa VerneLaguna BeachLaguna HillsLaguna NiguelLaguna WoodsLakewoodLake BalboaLake ElsinoreLake ForestLancasterLawndaleLincoln HeightsLoma LindaLong BeachLos AlamitosLos AngelesLos FelizLynwoodManhattan BeachMar VistaMaywoodMenifeeMission HillsMission ViejoMonroviaMontclairMontebelloMonterey ParkMoorparkMoreno ValleyMurrietaNewbury ParkNewhallNewport BeachNorcoNorth HillsNorth HollywoodNorthridgeNorwalkOntarioOrangeOxnardPacific PalisadesPacoimaPalos VerdesPalmdalePalm DesertPalm SpringsPanorama CityParamountPasadenaPerrisPico RiveraPlacentiaPomonaPorter RanchRancho CucamongaRancho MirageRancho Santa MargaritaRedondo BeachResedaRialtoRiversideRosemeadRowland HeightsSan BernardinoSan ClementeSan DimasSan GabrielSan FernandoSan JacintoSan Juan CapistranoSan PedroSanta AnaSanta ClaritaSanta MonicaSawtelleSeal BeachShadow HillsSherman OaksSilver LakeSimi ValleySouth El MonteSouth GateSouth PasadenaSouth WhittierStantonStudio CitySun ValleySunlandSylmarTarzanaTemeculaTemple CityThousand OaksToluca LakeTorranceTujungaTustinTwentynine PalmsUplandValenciaValley GlenValley VillageVan NuysVenturaVictorvilleWalnutWest CovinaWest HillsWest HollywoodWest Puente ValleyWestchesterWestminsterWestwoodWhittierWildomarWinnetkaWoodland HillsYorba Linda