Unpaid Overtime & Your Rights in Monterey County
Hollister Employment Law Attorneys
In most circumstances, employees who work over the normal 40-hour workweek are entitled to overtime pay that is 50% more than their regular salary. This means they would be paid one and half times their usual hourly rate. Not all employees are entitled to overtime, just as not all employers are required to pay overtime. If you believe you were not paid overtime hours that should have been awarded to you, you should contact an experienced Hollister employment law attorney.
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Employees Entitled to Overtime Pay
When an employer is covered by the FLSA, they are required to pay overtime to eligible employees. There are certain industries and positions that fall into the exempt category, meaning they are not able to collect overtime pay.
Examples of overtime-exempt employees include:
- Professional, salaried employees paid more than the minimum salaried threshold outlined in the Fair Labor Standards Act
- Executives and administrative salaried employees paid more than the Fair Labor Standards Act
- Independent contractors
- Seasonal amusement or recreational businesses (county fairs, ski resorts, hunting lodges)
- Employees of the motion picture industry
- Farm workers
- Aircraft carrier workers, seamen on American vessels, taxi drivers, and local delivery drivers
- Auto, truck, or other locomotive salespeople
- Domestic workers who live in their employer’s home
This is a small selection of overtime-exempt industries; for more information contact a Hollister employment law attorney at Marder Employment Law.
Which Employers Are Required to Pay Overtime?
Employers required to pay overtime are those covered by the Federal Labor Standards Act (FLSA). Businesses that are covered by this act are those that have more than $500,000 in annual sales or conduct interstate commerce. A company may make less than $500,000 in annual sales but if they ship outside their state, pay bills to vendors who work outside their state, or even make out-of-state phone calls, it could be considered interstate commerce.
Fighting For Your Unpaid Overtime
If you believe you have been denied your rightful wages, the Hollister employment law attorney at Marder Employment Law can help you find justice. Attorney Bill Marder understands how difficult paying attorney fees upfront can seem when attempting to pursue back payment for overtime hours worked, which is why he works on a contingency fee basis.
“They are extremely helpful and make difficult situations seem manageable, hopeful, and worth pursuing!”- Natalie
“Mr. Marder and his wonderful team of associates is who you want in your corner.”- Francisco
“They exceeded my expectations.”- Thomas H.