Overtime: Pay Rate Calculations For California
A sales representative put in extra hours on the phone with a customer, staying late at the office on multiple nights to close the deal. He thought his paycheck was going to be large, but was disappointed when it came. His overtime hours had been calculated without taking into account the commission he’d earned. Situations like his happen every day in California. They’re common, but they are also illegal. The same can be true for bonus payments that are not included in the overtime rate calculations. Many people just don’t speak up because they either do not know their rights, or they’re worried about getting in trouble with their employers or potentially losing their jobs.
If You Are Being Forced To Work Unpaid Overtime, The Law Protects You
If you are working overtime and not being paid the correct overtime rate, you should know the law protects you. It also prevents your employer from retaliating against you for speaking up. You should also know the lawyers at Righetti • Glugoski, P.C., can help protect your rights under the law.
Overtime pay in California is 1.5 times the wages you earn in every pay period. Anything over eight hours per day, or 40 hours in a workweek, is eligible for overtime pay, and these rates are calculated based on all wages earned in the pay period including the employee’s regular wages, commissions and other bonus pay. Your overtime rate should be calculated to include any extra compensation earned from commissions or bonuses — not solely based on your regular wage.
If bonus and commission pay is left out of your overtime pay calculations, you are likely being underpaid illegally. You may be entitled to more compensation for your overtime rate and need a lawyer to help you in pursuing the compensation you are owed from your employer. We handle a broad range of issues, including overtime pay disputes, overtime rate calculation disputes, commission pay issues and more.
Overtime pay and issues concerning exempt/nonexempt employees are particularly prominent in California. Employees involved in overtime pay disputes deserve to be represented by an aggressive attorney who is willing to take your case to court to fight to win.
California Attorneys For Unpaid Work And Wages
The labor law lawyers at Righetti · Glugoski, P.C., can help you understand and pursue your rights to fair pay under state and federal law. From our offices in San Francisco, our firm helps individuals throughout California recover unpaid wages, vacation pay and sick leave pay. We also protect the rights of employees to overtime wages under the Fair Labor Standards Act (FLSA).
Yes, Your Employer Does Have To Pay You For That!
Most employees are diligent and devoted to their jobs. They do not think twice about doing a little bit extra to make a supervisor happy or to help a company remain successful. Some employers, however, may take advantage of that devotion and begin to routinely expect or require their employees to work under conditions that do not meet the minimum labor standards under state and federal law.
Here are examples of unpaid wages we frequently prosecute:
- Employees were required to drive a company truck to and from home each day — without making any personal stops, personal calls or running any errands during the commute — but were not compensated for the drive time. Our firm is responsible for the Rutti v. Lojack case.
- Employees in the computer and/or electronics industry were misclassified as exempt and illegally expected to work unpaid overtime.
- Salaried retail employees were required to work unpaid overtime while spending most of their time on the sales floor working alongside the hourly crew; our firm is responsible for the Sav-on case.
- Employees were required to obtain training and/or certification outside of regular work hours.
- Employees were expected to show up 15 minutes prior to their shift to put on protective clothing, turn on the lights, set up tables, put signs out, etc.
- An employer rounded forward the time for employees who punched in early for a shift, and rounded back the time for those who punched out late after a shift.
- Employees were required to sign an agreement before being hired stating they waived their right to participate in a class action against the employer.
Schedule Your First Consultation: No Charge
Please contact our San Francisco law firm and have an immediate, complimentary and confidential consultation with one of our skilled attorneys to discuss unpaid overtime. You may call 415-983-0900 or 800-447-5549. We highly respect your privacy and view all client consultations to be strictly confidential. We will not tell your employer you called.