Double Time Claims

Federal and state laws may differ on how employers are to compensate employee for the time that they work.

Federal law requires employers to pay non-exempt employees one and one-half times the employee’s regular rate of pay for all hours an employee works in excess of 40 hours in a workweek. An employee is entitled to be paid the legal overtime pay rate even if he or she agrees to work for a lower rate.

California law requires employers to pay non-exempt employees one and one-half times the employee’s regular rate of pay for all hours an employee works in excess of 8 hours up to 12 hours in a workday, all hours in excess of 40 hours in a workweek, or any hours up to 8 hours on a seventh consecutive day of work in a workweek.

California law generally requires employers to pay non-exempt employees two times the employee’s regular rate of pay for all hours an employee works in excess of 12 hours in a workday or any hours in excess of 8 hours on a seventh consecutive day of work in a workweek. An employee is entitled to be paid the legal overtime pay rate even if he or she agrees to work for a lower rate.

A complex set of federal and state statutes govern payment of wages. Federal law sets the minimum standards for an employer, but state laws may create higher standards. Numerous exceptions exist which alter an employer’s duties for payment of wages. To navigate the complex statutes regarding payment of wages, an employee needs to speak to an experienced attorney who is familiar with the law in this area.

If you believe that your employer has failed to follow the law in payment of your wages, contact Lavi & Ebrahimian, LLP today for a free consultation with an experienced employment attorney who will evaluate your options under the law to enable you to obtain the most complete relief possible.