How to Claim Unpaid Wages and Overtime

At Baker Law Group, LLP we are dedicated to representing employees in lawsuits related to unpaid wages & overtime. In California, all non-exempt hourly employees must earn at least the minimum wage, and must be paid time and a half for all hours in excess of 8 hours per day or forty per week. Workers who have been wrongfully denied overtime pay are entitled to recover not only their actual unpaid overtime wages due, but may also receive reasonable attorneys' fees, costs, interest and substantial penalties.
One of the most frequent types of cases we litigate is claims where an employer has misclassified an employee as exempt. State and federal overtime regulations vary from industry to industry, and employers often misclassify employees, either intentionally or accidentally, which results in a failure to pay overtime wages to the employees. Because there are so many different exemptions that can apply, and the because the legal tests can be a bit confusing, if you think you might be misclassified as exempt it is best to have an employment attorney evaluate your job duties and help you determine if you have been misclassified as exempt.
However, some of the industries which we frequently see misclassifications as exempt and failure to pay overtime include mechanics, plumbers, retail managers, software engineers, bill collectors, as well as many types of industries that pay on a "piece-rate" or commission basis.
Another type of unpaid wage claim we frequently deal with is related to the misclassification of employees as independent contractors. Although workers who are truly "independent contractors" are exempt from overtime laws, it is difficult for people to distinguish between "employees" and "independent contractors." In order to determine if a worker is an independent contractor, rather than an employee, courts look at several different factors. Some of these factors include:
• The degree of control the employer maintains over how the worker does his job
• The amount of skill required in the occupation
• Whether the employer or worker supplies the tools and place of work
• Method of payment
• Whether the work is part of the regular business of the company
• Whether the parties believe they are creating an independent contractor relationship
Some industries are known for continuously mischaracterizing their workers as independent contractors. Some examples include construction workers, delivery drivers, hospitality workers, and computer programmers.
Again, the legal analysis on whether a worker has been misclassified as an independent contractor can be tricky. If you believe you've been misclassified as an independent contractor and have been underpaid wages or overtime as a result, it is best to contact an employment lawyer to assist you in evaluating your case.
California law is designed to protect employees that are misclassified as exempt or independent contractors, and not paid all of the wages they are owed. Because of this, an employee in California is entitled to file a lawsuit against their employer for damages resulting from their employer's failure to pay all wages owed for the work performed. These damages include all wages and benefits that have been illegally withheld from the employee, which can easily reach thousands of dollars per employee. Additionally, employers can be forced to pay significant penalties, attorney's fees and the costs associated with the lawsuit.
If you believe you haven't received all of the wages owed by your employer, feel free to give us a call to discuss your case. We offer free consultation, and we if are able to take on your case we will do so on a contingency fee basis, meaning you do not owe us anything unless we obtain a recovery on your behalf.