Factory Production Workers Overtime Pay Attorney
Working in a factory can be demanding work that requires both an extensive knowledge of safety and an abundance of physical activity. While there are many state and federal laws that protect factory workers, for many who are trying to earn a wage to support themselves and their families, overtime wage protections can be amongst the most valuable. Unfortunately, some employers neglect this right. When this happens, you need the help of a factory production worker’s overtime pay attorney.
With the knowledge and experience from the team at Ferraro Vega San Diego Employment Lawyers, you can get the legal help you deserve to help recover compensation that you may be owed. While some instances of overtime violations could be a mistake, some employers intentionally circumvent the law to try and maximize company profits. When those profits come from your work, you should be rightly compensated.
Qualifications for Overtime Pay
Both federal and state legislation govern the rights of workers, specifically when it applies to receiving overtime pay. According to the Fair Labor Standards Act, which governs wage and hour laws for nonexempt employees, overtime is required to be paid at a rate equal to one and a half times the employee’s hourly rate. This compensation is to be provided for any time worked beyond 40 hours a week.
In addition to receiving compensation per the wage and hour law guidelines, other regulations apply to not only overtime wages but appropriate wage and hour compensation. Some of these include:
- Employers may not try to avoid paying overtime by averaging the hours worked by an employee over two or more weeks
- Employees above the age of 16 are eligible to work overtime without limitations as long as they are appropriately compensated
- Overtime pay is required to be provided on the paycheck for which the payment period is compensated
- Nonexempt employees are entitled to receive regular compensation equal to or greater than the highest minimum wage set by state or federal regulations
- All earnings should be through salary, commission, or other means such as piece-rate
- Employers are required to pay overtime even if they have an agreement with an employee stating otherwise unless they have a policy in place per wage and hour guidelines
- Comp time may not be used by private businesses to replace overtime pay or minimum wage
- Work completed on Saturdays, Sundays, or on holidays are not required to be paid overtime
These policies are required to be upheld by employers, and those who do not may be subject to an employee filing a claim against them for violating labor laws. If you feel you have concerns about these practices from your employer, contact one of our attorneys today, who can review your case. We can help guide you through securing appropriate documentation and approaching your lawyer to offer them an opportunity to correct the error prior to litigation.
Exempt Versus Nonexempt Employees
The classification of an employee in California is important in ensuring the right employees receive the compensation they deserve. This is particularly true for factory workers where misclassifying an employee may be disguised in other business decisions in order to avoid paying them benefits such as overtime. In some cases, an employee may be designated as an independent contractor. This is used when a person works for themselves and is therefore not subject to wage and hour protections.
The term nonexempt applies to employees who are not considered management. While they may make decisions in day-to-day operations as it pertains to their role, they are not decision-makers in company policy, training, or other business-wide processes. They do not make decisions that influence the interaction of the business with any of their consumer entities. Their role reports to a manager or supervisor. Other parts of the job include:
- They may earn a salary or work hourly but do not receive compensation greater than $684/week
- They must work for companies whose business is considered interstate
- They can be employees of federal, state, or local government agencies
- They may work for medical facilities or engage in work that cares for those who are sick, elderly, or have a mental disability
- They may also work for educational institutions
These are just some of the ways an employee can be classified as nonexempt. These employees are entitled to overtime pay.
Exempt employees are those that may fall into other classifications beyond the above description. Those who are classified as exempt are not entitled to overtime pay. These employees include:
- Company executives or other administrative roles whose compensation is greater than $684/week and that is consistent each week. These employees are those who are considered to make independent decisions that are of significant benefit to the company.
- Executive employees who receive an annual compensation greater than $100,000 per year
- Those employed in a technology field, specifically with computers, and earn a wage of $684 or more per week or an hourly rate greater than $27.53 per hour
Factors such as job titles do not play a role in who can qualify for overtime pay. In most factory positions, employees qualify for overtime and should be compensated for their additional hours of work.
Factory Production Workers Overtime Pay Lawyer
Honoring the rights of employees is the job of every business owner or manager to whom a company entrusts its decision-making. The profits and successes of a company come from the work of a multitude of individuals, all of whom do the work out of enjoyment and out of necessity to provide for themselves and their families. That work deserves fair compensation for not just scheduled hours, but also the extra hours to help run the business.
At Ferraro Vega San Diego Employment Lawyers, our team has the experience and knowledge you want on your side when you feel your employer has failed to protect your employment rights. Whether it is failing to pay you overtime, failing to provide you with appropriate meal breaks, or other violations of your legally protected rights, you deserve to hold your employer accountable and recover from them what you may be entitled to. Contact us today. Thus, they are considered to be self-employed and offer niche services to multiple companies on an as-needed basis. These workers are often referred to as “1099 employees.”