Desert Hot Springs Overtime Dispute Lawyer

Overtime Disputes in California

According to the Wage and Hour Division of the U.S. Department of Labor, the WHD successfully recovered over $273 million nationwide for workers who were taken advantage of by their employers through wrongful termination and overtime disputes in 2024, among other actions. There were over 152,000 workers across the country who were taken advantage of by their employers, with many of those workers being in California. Your situation, unfortunately, is common.


If your employer is withholding your overtime pay, it can impact your financial security in multiple ways. It might be beneficial to reach out to a Desert Hot Springs financial support group such as CalWORKs. They may be able to help you figure out a way to budget successfully with your current pay until your overtime dispute lawyer can help you get what you are owed. Talking to someone about your situation can be beneficial in more ways than one.


In California, if you are a full-time employee who works over eight hours a day in a single workday or 40 hours in a single workweek, you are entitled to overtime as per the state’s comprehensive labor laws. There are multiple exceptions to the rule, such as healthcare employees who are often on an alternative workweek schedule. If you are concerned that you don’t qualify for overtime, reach out to an employment lawyer who can help you determine that.

How to File an Overtime Dispute

There are many different ways you can try to file an overtime dispute and get this situation resolved. The way you move forward with your claim will depend largely on your situation. If your overtime pay claim exceeds a certain amount, you will need to file a claim with your local Superior Court. Whether your claim is resolved through court or not, you are still going to want an experienced overtime dispute lawyer by your side throughout. Here is the filing process:


Gather Evidence: Before you move forward with your claim, you will want to have as much evidence in your hands as you can find. This evidence should be able to prove the hours you worked and the money you earned, particularly in overtime hours. Evidence can take the form of pay stubs, time sheets, texts, or emails with your supervisor about your work schedule. If you have a written contract, that can be a big help.


Attempt to Resolve: Before you move forward with legal action, you should consider trying to have the issue resolved internally. Bring this discrepancy up with your company’s HR department or your supervisor to figure out what happened. It could be an accident and the result of a simple miscommunication that can be fixed with a conversation. If that doesn’t resolve it, you should reach out to a labor lawyer.


File a Wage Claim: If your employer does not resolve the issue, you should file an overtime dispute claim with the California Department of Industrial Relations and the Labor Commissioner. You can file this claim in person or online, and you should consider having a lawyer present when you do it. They can help you fill it out accurately.

FAQs

Q: What Is the 8 and 80 Rule for Overtime in California?

A: The 8 and 80 Rule for overtime in California refers to an overtime exception that some companies use so they can pay overtime based on a 14-day workweek instead of the traditional seven-day workweek. Through this system, employees get paid one and a half times their regular pay rate for any hours worked over eight in one workday and over 80 in a 14-day period.