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Los Angeles Overtime Lawyer

If you believe you are owed unpaid overtime wages, you need an experienced Los Angeles wage and hour attorneys on your side. At Aegis Law, we specialize in helping employees recover the compensation they deserve for overtime work. Call (949) 379-6250 or message us online to arrange a free and confidential consultation today. 

Los Angeles Overtime Lawyer

Why Choose Our Los Angeles Overtime Attorney?

Founded in 2003, Aegis Law Firm has emerged as a prominent labor and employment law firm serving Southern California under the leadership of partners Kashif Haque and Samuel A. Wong. Our team of Los Angeles overtime attorneys are highly regarded litigators, boasting impressive success rates in trials, arbitration, and administrative proceedings.

  • We have secured over ten million dollars for clients in the past year alone. 
  • We provide unparalleled legal representation to individuals and small businesses. 
  • Our dedication to client satisfaction is what truly distinguishes us. 

How a Los Angeles Unpaid Overtime Lawyer Can Benefit Your Case

Our overtime lawyer in Los Angeles can provide invaluable assistance with your case in several ways:

Evaluation of Your Case

A Los Angeles employment lawyer will assess the facts of your situation to determine if you have a valid claim for unpaid overtime wages. They will review your employment records, pay stubs, and work schedule to determine if your employer has violated state or federal overtime laws.

Explanation of Your Rights

Your unpaid overtime lawyer  in Los Angeles will explain your rights under overtime laws, including the minimum wage, overtime pay rates, and exemptions. They will ensure you understand your legal options and the potential outcomes of pursuing a claim.

Investigation and Evidence Gathering

Your lawyer will conduct a thorough investigation into your employer’s payroll practices and timekeeping records to gather evidence of any overtime violations. This may involve interviewing witnesses, obtaining documents, and analyzing relevant data.

Negotiation with Your Employer

Your lawyer will represent you in negotiations with your employer to seek a fair settlement for your unpaid overtime wages. They will advocate on your behalf and use their legal expertise to secure the maximum compensation you’re entitled to.

Representation in Legal Proceedings

If negotiations fail to resolve the dispute, your lawyer will represent you in legal proceedings, including filing a lawsuit in court. They will prepare and file all necessary legal documents, represent you in court hearings, and argue your case before a judge or jury.

Protection Against Retaliation

Your lawyer will ensure your rights are protected against any retaliation from your employer for asserting your right to overtime pay. They will take legal action if you experience retaliation, such as termination or demotion.

Overall, an employment lawyer will provide you with skilled legal representation and guidance throughout the entire process, working tirelessly to ensure you receive the overtime wages you’re owed under the law.

Overtime Pay Laws

Federal and state overtime pay laws are designed to protect workers by ensuring they are fairly compensated for working additional hours beyond standard workweek limits. Here’s an overview of the key provisions:

Overtime Pay Laws

Overtime Eligibility

Under federal law (Fair Labor Standards Act – FLSA), non-exempt employees are entitled to overtime pay at a rate of at least one and a half times their regular rate of pay for hours worked over 40 in a workweek.

In California, non-exempt employees are entitled to overtime pay for:

  • Hours worked over 8 in a workday.
  • The first 8 hours worked on the seventh consecutive day of work in a workweek.
  • Hours worked over 40 in a workweek.
  • Double time pay for hours worked over 12 in a workday or over 8 hours on the seventh consecutive day of work in a workweek.

Overtime Pay Rate

Overtime pay must be calculated at a rate of one and a half times the employee’s regular rate of pay for each overtime hour worked under federal law.

In California, overtime pay is calculated as follows:

  • For hours worked over 8 in a workday and the first 8 hours on the seventh consecutive day of work in a workweek: one and a half times the employee’s regular rate of pay.
  • For hours worked over 12 in a workday and hours worked over 8 on the seventh consecutive day of work in a workweek: double the employee’s regular rate of pay.

Common Overtime Violations in Los Angeles

Employers often violate California overtime laws, sometimes intentionally and sometimes due to ignorance. Common violations include:

  • Misclassifying employees: Labeling a worker as exempt or as an independent contractor to avoid paying overtime.
  • Failing to pay for off-the-clock work: Not compensating employees for required work performed before clocking in or after clocking out.
  • Not paying for meal or rest period interruptions: Requiring employees to work through legally mandated breaks without proper compensation.
  • Time rounding practices: Rounding clock-in and clock-out times in a way that disadvantages the employee.
  • Averaging hours worked: Using average hours over two weeks to deny overtime instead of calculating by each workday and workweek.

These actions can result in significant underpayment.

Independent Contractors & Overtime

Independent contractors do not qualify for overtime pay under California law because they are not considered “employees.” However, many overtime employment claims arise from the misclassification of employees as independent contractors. Employers often use this classification to avoid paying overtime, providing benefits, or covering payroll taxes. 

How to Know If You’ve Been Misclassified

Under California’s Assembly Bill 5 (AB 5) and subsequent legislation, most workers are presumed to be employees unless the employer can satisfy all three parts of the ABC test:

  • (A) The worker is free from the control and direction of the hiring entity in connection with the performance of the work, both under the contract and in fact.
  • (B) The worker performs work that is outside the usual course of the hiring entity’s business.
  • (C) The worker is customarily engaged in an independently established trade, occupation, or business of the same nature as the work performed.

If the hiring entity cannot prove all three elements, the worker must be classified as an employee and is therefore entitled to overtime pay, among other legal protections.

Consequences of Misclassification

When a business misclassifies an employee as an independent contractor, the employee is entitled to the following legal remedies:

  • Back pay for unpaid overtime
  • Reimbursement of business expenses
  • Waiting time penalties
  • Tax liabilities and contributions to unemployment insurance
  • Civil penalties under the Private Attorneys General Act (PAGA)
  • Interest and attorney’s fees

Employees who believe they have been misclassified can file a wage claim with the California Labor Commissioner or pursue a private lawsuit. Courts and agencies will examine the nature of the working relationship—not just the terms of the contract.

How to Pursue an Overtime Claim in Los Angeles

Employees in Los Angeles who have not received proper overtime pay can either file a wage claim with the California Division of Labor Standards Enforcement (DLSE) headed by the California Labor Commissioner’s Office or pursue a civil lawsuit. Here are the steps to take:

How to Pursue an Overtime Claim in Los Angeles

Check Eligibility

To qualify, you must be a non-exempt employee and have worked:

  • Over 8 hours in a day
  • Over 40 hours in a week
  • On the seventh consecutive day in a workweek

You must also show that your employer failed to pay the correct overtime rate.

Gather Documentation

You will need supporting evidence, such as:

  • Timesheets or time records
  • Pay stubs
  • Work schedules
  • Emails or messages regarding shifts
  • Witness statements

Employers must keep payroll records for at least three years. If those records are unavailable, your own documentation and testimony may be used.

Speak to Your Employer (Optional)

If you feel safe doing so, you may consider notifying your employer or HR department about the issue. In some cases, the missing overtime is the result of an error or misunderstanding that can be resolved internally. However, you are not required to raise the issue with your employer before filing a claim. 

Seek Legal Help Early

Consulting with a Los Angeles overtime attorney can help you:

  • Understand your classification and rights
  • Maximize the value of your claim
  • Navigate procedural deadlines
  • Avoid missteps in the claims process

Most employment lawyers offer free consultations and work on a contingency fee basis, meaning you pay nothing upfront.

File with the DLSE

To file a wage claim:

  • Complete and submit DLSE Form 1
  • Include copies of all supporting documents
  • Submit the form online, by mail, or in person at the Los Angeles DLSE office:
    320 W. 4th Street, Suite 450, Los Angeles, CA 90013
    (213) 620-6330

Once filed, the process includes:

  • A settlement conference
  • A formal hearing if the claim is still unresolved
  • The Labor Commissioner will issue an Order, Decision, or Award (ODA)

If the employer fails to pay, the ODA can be enforced as a court judgment.

File a Civil Lawsuit

An employee may also file a lawsuit in Los Angeles County Superior Court. Civil claims are appropriate when:

  • Significant overtime wages are due
  • The employer engaged in widespread violations
  • Additional claims apply, such as misclassification or retaliation

Statutes of Limitations

  • 3 years for unpaid wages
  • 4 years for breach of written contract

The statute of limitations sets the deadline for how long you have to file a lawsuit. If you miss it, you will lose out on the opportunity to recover compensation. 

Protection Against Retaliation

California law prohibits employers from retaliating against employees for asserting their wage rights. Retaliation may include termination, demotion, or reduced hours. Employees who face retaliation may file a separate claim with the DLSE or include retaliation in their lawsuit. Potential remedies include reinstatement, back pay, and civil penalties. 

Class Actions and Representative Actions

If multiple employees are affected by similar overtime violations, they may file a class action lawsuit. This approach is common in large companies where illegal policies or practices affect groups of employees. Class actions increase efficiency and deter employers from systemic violations.

Alternatively, employees may file a Private Attorneys General Act (PAGA) representative action, seeking civil penalties on behalf of themselves and other employees. In these actions, the employee acts as a “private attorney general.” As a result, 75 percent of penalties go to the state, and 25 percent to the aggrieved employees.

Remedies Available in a Los Angeles Overtime Claim

Employees who win an overtime claim in California may recover more than just unpaid wages. The law provides several remedies to ensure full compensation and deter employer misconduct:

Remedies Available in a Los Angeles Overtime Claim

Unpaid Overtime Wages


Employees are entitled to all overtime earned, including:

  • 1.5x regular pay for hours over 8 in a day or 40 in a week
  • 2x regular pay for hours over 12 in a day or over 8 on the seventh consecutive day

Interest

Unpaid wages accrue 10% annual interest from the date they were due.

Waiting Time Penalties


If final wages were not paid at termination, employees may receive up to 30 days’ pay under Labor Code § 203.

Attorney’s Fees and Costs


Prevailing employees may recover reasonable attorney’s fees and court costs.

PAGA Penalties


Under the Private Attorneys General Act, employees may collect civil penalties for Labor Code violations:

  • $100–$200 per pay period per employee
  • 25% of penalties go to employees

Liquidated Damages


For certain claims involving minimum wage violations, employees may recover an amount equal to the unpaid wages.

Retaliation Remedies


If the employer retaliated, additional remedies may include:

  • Reinstatement
  • Back pay
  • Penalties
  • Emotional distress damages

These remedies apply whether the claim is filed through the DLSE, a civil court, or a PAGA action.

Are Any Employees Exempt from Overtime?

There are certain categories of employees who may be exempt from overtime pay requirements under both federal and state laws. These exemptions are typically based on the nature of the employee’s job duties, salary level, and sometimes other factors. Here are some common exemptions:

Executives

This category includes employees whose primary duties involve: 

  • Managing an enterprise or a customarily recognized department or subdivision;
  • Regularly directing the work of at least two or more other full-time employees; and,
  • The authority to hire or fire employees or whose suggestions and recommendations as to the hiring, firing, advancement, promotion, or any other change of status of other employees are given particular weight.

Administrative

Employees whose primary duties involve office or non-manual work directly related to management or general business operations and require the exercise of discretion and independent judgment with respect to matters of significance.

Professionals

This exemption applies to employees in learned professions (such as lawyers, doctors, and teachers) or creative professionals (such as actors, musicians, and writers) whose primary duties involve work that requires advanced knowledge or creativity and is predominantly intellectual and varied in nature.

Computer Professionals 

Employees whose primary duties consist of computer systems analysis, programming, software engineering, or similar skilled work and who are paid at least a certain minimum salary level.

Outside Sales

Employees who regularly work away from the employer’s place of business making sales or obtaining orders or contracts for services or facilities.

It’s important to note that these exemptions have specific criteria that must be met, and simply having a job title or being paid a salary does not automatically make an employee exempt from overtime. 

Contact Aegis Law Firm Today

Don’t let your employer deny you the overtime pay you have rightfully earned. Contact our Los Angeles overtime lawyers today to schedule a free consultation and take the first step toward recovering the compensation you deserve.