Los Angeles Overtime Violations Lawyer
Your extra hours deserve extra pay. If your employer has failed to compensate you for overtime, Fraigun Law Group will fight to ensure you’re paid what you’re owed. Don’t let them take advantage of your hard work—let’s make it right.
Overtime violations rob hardworking employees of the fair compensation they’ve earned. In California, where labor laws offer some of the strongest protections in the country, wage theft still affects thousands of workers each year. Marina Fraigun, an experienced Los Angeles employment attorney, is committed to holding employers accountable and ensuring workers receive the pay they deserve.
• Wage theft in the U.S. amounts to billions annually, with overtime violations being a leading cause.
• California law mandates overtime pay at 1.5 times the regular rate for hours worked over 8 in a day or 40 in a week.
• Workers in industries like hospitality, retail, and healthcare are particularly vulnerable to unpaid overtime.
Even with strict regulations, many employees are misled or intimidated into accepting less than they’re owed.
What Are Overtime Violations?
Overtime violations occur when employers fail to pay eligible employees the correct overtime rate for hours worked beyond the standard limits. Under California law, overtime pay must be provided when:
• An employee works more than 8 hours in a single day.
• An employee works more than 40 hours in a single workweek.
• An employee works 7 consecutive days in a workweek, with double-time pay for hours beyond 8 on the 7th day.
California’s laws offer greater protection than federal overtime standards, ensuring employees are compensated fairly for their time.
Unfair Practices Leading to Overtime Violations
Employers often find ways to avoid paying overtime, using tactics that violate the law. Common examples include:
• Misclassifying Employees: Labeling workers as independent contractors or exempt employees to avoid paying overtime.
• Failing to Track Hours Properly: Requiring off-the-clock work or not recording overtime hours.
• Paying Incorrect Rates: Using the wrong base pay rate to calculate overtime wages.
• Manipulating Work Schedules: Forcing employees to work unpaid split shifts or discouraging accurate reporting of hours.
• Retaliation for Reporting Overtime Claims: Punishing employees who bring up violations.
These practices are not only unfair but also illegal under California law.
California Laws Protecting Employees from Overtime Violations
California provides robust protections to prevent overtime violations:
• California Labor Code Sections 510 and 1194: Mandate overtime pay for non-exempt employees and allow workers to recover unpaid wages plus interest and attorney fees.
• Fair Labor Standards Act (FLSA): Establishes federal overtime rules, with California’s laws providing even stronger protections.
• Wage Orders from the Industrial Welfare Commission (IWC): Specify industry-specific overtime rules, ensuring tailored protections for various job types.
Together, these laws ensure that employees are fairly compensated for their work and can seek justice when violations occur.
How Do I Know if My Rights Have Been Violated?
Your rights may have been violated if:
• You were denied overtime pay for hours worked beyond 8 in a day or 40 in a week.
• Your employer misclassified you as exempt or an independent contractor.
• You were required to work off-the-clock or during unpaid breaks.
• Your overtime pay was calculated using a lower base rate than your actual earnings.
If you suspect any of these issues, FLG can help determine whether your employer has violated California overtime laws.
What Should I Do if I’m a Victim of Overtime Violations?
• Document Your Hours: Keep detailed records of the hours you worked and any overtime requests.
• Review Your Paystubs: Look for discrepancies in overtime rates or missing hours.
• Consult an Attorney: With FLG’s extensive knowledge of California labor laws, they will guide you through the process of recovering unpaid wages.
• Act Quickly: California’s statute of limitations for wage claims is generally three years, so it’s important to take action promptly.
Why Choose Fraigun Law Group for Your Overtime Violated Case?
When employers cut corners, Marina Fraigun steps in to fight for what’s right. With a reputation for taking on tough cases and delivering results, Marina brings unparalleled dedication and skill to every client she represents.
She knows the tactics employers use to deny overtime pay, and she isn’t afraid to challenge them. From investigating payroll records to negotiating settlements or going to court, Marina provides the strategic advocacy you need to recover the wages you’re owed.
Common Questions about Overtime Violations
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AM I ENTITLED TO OVERTIME PAY IF I’M PAID SALARY?
It depends. Under California law, only exempt employees are not entitled to overtime pay. To be classified as exempt, your job duties and salary must meet specific criteria outlined in the California Labor Code and FLSA. Marina can help determine whether you’ve been misclassified.
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WHAT SHOULD I DO IF MY EMPLOYER ASKS ME TO WORK OFF-THE-CLOCK?
Working off-the-clock is illegal under both the FLSA and California labor laws. Document the request and consult an attorney immediately to protect your rights.
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CAN I STILL RECOVER UNPAID OVERTIME IF I NO LONGER WORK FOR THE COMPANY?
Yes. Former employees have up to three years from the date of the violation to file a claim for unpaid wages under California law.
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WHAT IF I DON’T HAVE DETAILED RECORDS OF MY HOURS WORKED?
While it’s helpful to have records, California law places the burden on employers to maintain accurate timekeeping records. Marina can help gather evidence to support your claim.
How Fraigun Law Group Can Help
When employers violate overtime laws, Attorney Marina Fraigun is ready to hold them accountable. With a no-nonsense approach and a track record of success, Marina fights tirelessly to recover unpaid wages and protect employees from further mistreatment.
At the Fraigun Law Group, your case isn’t just another file—it’s a fight for justice. Marina listens to your story, builds a compelling case, and ensures your employer pays what you’re owed. Contact the Fraigun Law Group today to take the first step toward reclaiming your hard-earned wages.