San Marcos Employment Attorney
An experienced San Marcos Employment Lawyer explains that under both federal and state law, overtime compensation is based on an employee's regular rate of pay. Under California law, employers must pay one and a half times an employee's regular rate where an employee worked of more than eight per workday or more than 40 hours per week. Also, an employer must pay double the rate of pay if an employee has worked more than 12 hours are worked in any single day.
According to a top San Marcos Employment Attorney, the employer bears the burden of proving that employees fit “plainly and unmistakably” within a exemption to the overtime compensation requirement. Workers that are employed as “administrative,” “professional,” or “executive” employees are generally exempt from overtime pay requirements. California regulations provide very specific definitions of these three exempt categories.
The statue of limitations under the Federal Fair Labor and Standards Act is two years, but it is extended to three years for “willful” violations. The statute of limitations for wage claims under California law is generally four years from the time the compensation was due.
San Marcos Employment Lawyer Specializes in Overtime Pay Cases
Our lawyers are part of California's largest statewide law firm that's dedicated to representing employees in disputes against their employers. Stephen Danz & Associates based in San Marcos, California, protects clients from retaliation, discrimination, and harassment involving dismissal, demotion, or denial of accommodation based on age, race, sex, religion, color, sexual orientation, marital status, association, physical or mental disability, or other legally protected classification. Additionally we represent employees in they have not been paid the proper wages including overtime or minimum wage or given the proper meal breaks. If you believe that you are have not been paid proper overtime wages, contact our lawyers specializing in Overtime Pay Attorney in San Marcos to setup your free consultation to discuss this matter with our lawyers. We take cases on a contingency basis and collect no attorney fees unless we win your case.
To find out more about your overtime pay issue, call Stephen Danz & Associates at (877) 789 9707 or e-mail for a free initial consultation. We will promptly let you know whether your case qualifies for a free consultation with one of our lawyers.