Getting Paid for Overtime Abuses
Workers are entitled to overtime when they have accumulated over 40 hours in a workweek or have more than 8 hours in a workday. Overtime compensates an employee for giving up more of their time than is needed. When an employee does not receive these funds, they can file a formal complaint against their employer for proper restitution.
Sun Microsystems Suit
A class action lawsuit against Sun Microsystems by over 100 technical writers has received a preliminary approval for a $5 million settlement. The workers are accusing the employer of not paying for meal periods and overtime. Sun Microsystems were misclassifying their writers as professionals in order to avoid having to pay for these items.
The employees in this overtime allegation would work over 60 hours per week, while the employer averted paying them for this time. With the settlement, each writer can expect to receive $21K for the lack of overtime payment. This lawsuit has actually lead to many other high-tech businesses paying their writers overtime.
California Overtime Laws
Pursuant to California laws, a worker must be paid at least twice a month and receive adequate pay for their time. California allows workers to receive 1.5x their normal rate of pay for overtime compensation. Overtime reimbursement can reach as high as 2x the normal rate of pay if an employee works more than 12 hours in one day. While there are exceptions for professional workers, they cannot be used in every situation. Employers must abide by the law or face potential prosecution.
If your employer is not paying you overtime, then you should contact Shegerian & Associates for help!