Am I entitled to overtime if I work more than 8 hours in a day or 40 hours a week?
Not necessarily. You may still be an exempt employee under California or federal law even if you’re paid a salary. You need an experienced lawyer to analyze your situation and ascertain whether you are an exempt employee or whether your employer has wrongfully withheld overtime wages.
How do I know if I’m entitled to overtime pay?
If you are consistently working more than 8 hours in a day or 40 hours a week you may be entitled to unpaid overtime. Many salaried employees are incorrectly classified as exempt from overtime. Just because you are paid a salary, that does not mean you are properly classified as exempt. Contact Glick Law Group for a free consultation if you have any doubt as to whether or not you should receive overtime pay. Our qualified and experienced California employment law attorneys will be able to answer questions specific to your situation.
How can I confirm my employer has misclassified me as an independent contractor to avoid paying overtime?
California employees have rights that entitle them to overtime pay and other wage benefits. Some employers deliberately misclassify employees as “independent contractors” or “consultants” to avoid paying them overtime.
To qualify as an independent contractor you must satisfy these three requirements:
- you’re free from the control and direction of the company in performing your work;
- the work being performed is outside the usual course of the company’s business; and
- you’re customarily engaged in an independently established trade, occupation, or business of the same nature as the work you perform for the company. If you suspect you might be misclassified, schedule a free consultation with our California employment law attorneys.
Can my employer fire me if I sue them for unpaid overtime wages?
It would be illegal for your employer to terminate you because of an employment-related lawsuit, and they would risk serious penalties for doing so. Federal law makes it illegal for your employer to fire, or in any other way discriminate against, you in retaliation for you filing an overtime lawsuit or testifying in a proceeding for overtime pay. An employer who does so may be subject to fines and even criminal prosecution, and you may be entitled to “legal or equitable relief.” Punitive damages may also be available in appropriate cases. These retaliation claims may be brought against individuals as well as companies.
How much will you charge me for handling my case?
Glick Law Group represents employees on a contingency basis and fronts all litigation expenses except when otherwise agreed between the employee and the law firm. We only recover our fees and costs if we win your case or reach a settlement with the other side. If we don’t make a recovery for you, you don’t pay anything.