Denial of Proper Overtime Pay: A Real Problem With a Real Solution

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Denial of Proper Pay for Employees is Rampant

THE PROBLEM  

     With
the economy on a persistent downturn, and the business community
feeling the impact, employees are increasingly being denied proper
compensation for the work they perform.  This
either arises because employers mistakenly believe that their employees
are not entitled to compensation guaranteed by the California Labor Code or mislead their employees with respect to such entitlement.

      Unfortunately,
most employees are unaware that they were, or are, entitled to
additional compensation under California law until either well into
their employment, or until after their employment has ended.  California
law provides employees with considerable remedies, and subjects
employers to substantial liability for violating state law. Denial of
proper compensation gives rise to possible legal action against the
employer, and potential damages include back pay for overtime, minimum
wages, meal and rest breaks, interest, penalties, and attorney’s fees.

THE MISCONCEPTION

      Many
workers are uninformed about their rights to compensation as an
employee, thereby giving employers the opportunity to take advantage.  For
example, while the concept of minimum wage is generally understood,
most employees assume that if they are a manager or supervisor, they
are “exempt” employees not entitled to overtime compensation.  Oftentimes, this is not true.  In fact, the employee’s job title is irrelevant.  A
“manager” may still be entitled to overtime compensation, as well as
other damages, against an employer, regardless of contrary information
provided by the employer, and regardless of the specific job
designation or title given to the employee.

THE SOLUTION

      If
you have worked overtime hours, or been paid less than the minimum wage
required by state law, you should consult an attorney to determine your
rights.  Even if you believe that you are not entitled to overtime compensation, or other  wages, an attorney can provide you with a detailed analysis, and advise you whether such a claim is viable.

Interesting Facts About Wage & Hour Claims –

·    An employee who prevails in a wage and hour claim can claim attorney’s fees as part of his or her damages.  However, the employer cannot.

·    A worker’s job title (i.e., “manager”) means nothing as to whether overtime compensation is due.  The true test is the actual duties performed by the worker.

·    A worker who is classified as an independent contractor may still be eligible for overtime compensation and other benefits.

·    A worker who receives a salary may still be entitled to payment of overtime compensation.

·    To
prove an overtime claim, a worker does not need any supporting
documentation; only his or her testimony showing a “reasonable
estimate” of the number of hours worked.

·    The burden of proving that an employee is “exempt” is on the employer.  The worker is always presumed to be entitled to overtime compensation.

The Law Offices of Lowell Steiger Has Expanded its Practice To Include Wage & Hour Claims

      Due to the increased incidence of improper payment  of
overtime and minimum wages, the Law Offices of Lowell Steiger and the
Law Offices of Steven D. Waisbren are proud to announce their
association to represent the rights of California workers to be paid
proper compensation under the Labor Code.    We
are happy to provide you with a free consultation, including a full
analysis of your entitlement to overtime wages, minimum wages, and
other back pay and damages. 

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If
you, or someone you know, have been a victim (or suspect you have been
a victim) of Wage & Hour Abuse, please call me immediately at (323)
852-1100 or send an e-mail to me at
lowell@steigerlaw.com