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California has some of the most extensive and protective labor regulations for workers in the country. Numerous topics are covered by these rules, such as working conditions, lunch breaks, overtime compensation, and minimum wage. One of the most important features of these rules is the control over overtime compensation, which includes double time.
This is necessary to guarantee that employees receive just compensation for working longer shifts. However, there are situations in which employers neglect to make the mandatory double-time payment, possibly requiring legal action. A San Diego unpaid double-time wage claims lawyer can help with this process.
Why Choose Us?
At Ferraro Vega San Diego Employment Lawyers, we are knowledgeable in California employment law. We understand how difficult wage and hour disputes can be to handle while you are attempting to live your life. We can provide you with the legal counsel and guidance that you need to move forward. We can review the details of your situation to determine the strength of your case.
We strive for employees’ rights in San Diego and to make sure they are protected. We can do the same for you, fighting for the compensation you are owed. We can ensure that you have the documentation you need, and we can negotiate with your employer on your behalf. If necessary, we can represent you in court if your situation proceeds to litigation.
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What Are Double Time Wages?
Double time is a form of overtime. Generally speaking, if a person works a certain number of hours over the normal allotted time, they are to be paid one and a half times their normal rate. If the number of hours exceeds another amount, an employee would be entitled to double-time pay. To understand this difference, California law defines overtime eligibility based on the following:
- A person works more than eight hours in one day.
- A person works more than 40 hours in one week.
- A person works more than six consecutive days in one week.
Any amount over these would receive overtime pay. By the same law, double-time pay is given in the following situations:
- A person works more than twelve hours a day.
- A person works more than eight hours on their seventh consecutive day of work.
If you are eligible for double-time pay and your employer has not paid you, they are in violation of the law.
Who is Eligible to Receive Double Time Pay?
Every employee is not entitled to double-time pay. In order to receive double-time pay, an employee must be considered non-exempt. Non-exempt employees are typically hourly workers. Generally speaking, exempt employees include some salaried workers, managers, and executives. Other exempt jobs include:
- Acting jobs
- Airline jobs
- High-earning positions
- State government positions
- Local government positions
- Babysitting jobs where the employee is under 18 and works at the employer’s residence
- Some nursing positions
- Television or radio announcer
- Computer software jobs
What Should You Do If You Didn’t Receive Your Double Time Pay?
Sometimes, the rights and responsibilities between employee and employer can become unclear. As employers determine their employees’ schedules, there can be confusion over what is legal. However, if you believe you have not received the double-time pay that you have earned, you can do the following:
- Contact your employer. It may be an oversight, but a simple conversation can quickly fix the issue.
- Document everything. Keep a record of all hours worked as well as your pay stubs so they can be compared to ensure correct accuracy.
- File a claim. If your employer refuses to pay you, you can file a claim with the California Division of Labor Standards Enforcement, and they can investigate your claim.
- Speak with an attorney. If you’ve exhausted all other avenues, speak with an attorney about filing a claim with the court.
How a Lawyer Can Help You
If you have not received your double-time pay, an attorney can help you recover your compensation. A lawyer can ensure that you have all the proper documentation to prove your case, including pay stubs and documented worked hours. They can look at your case to determine its strength and your options.
An attorney can also speak with your employer on your behalf and negotiate your pay. They can fight for your rights so you are adequately paid. If it results in litigation, an attorney can represent you in court.
FAQs
Q: Can I Sue for Unpaid Wages in California?
A: Yes, you can sue for unpaid wages in California. If you have not been paid by your employer, and they refuse to make it right, you have a few options. You can file a claim with the California Division of Labor Standards Enforcement. Your other option is to file a claim with the court. This is usually done with the assistance of a lawyer.
Q: What Is the Double Time Law in California?
A: The double time law in California states that any employee who works over twelve hours a day or more than eight hours on their seventh consecutive day of work will receive double their rate of pay for the time over these limits. This benefit only applies to non-exempt employees. Exempt employees are not entitled to receive double-time pay.
Q: How Do I Win a Wage Claim in California?
A: A great way to win a wage claim in California is to make sure you have all the evidence you need to make your claim. This includes any communication with your employer, pay stubs, and documented hours worked. You also want a copy of your employer’s hour and wage policy if they have one in writing. Additionally, you will want to secure the assistance of an attorney as they can help navigate the law and advocate on your behalf.
Q: How Much Does an Employment Lawyer Cost in San Diego?
A: The cost of an employment lawyer in San Diego will depend on a number of factors. Some of these factors include the complexity of the case and how your lawyer charges. Generally speaking, a case that is more complex will cost more as it will require more work from the lawyer. Some attorneys charge by the hour. Some charge a flat fee, and some charge a contingency fee, which means you do not pay them unless you are awarded compensation.
Contact Skilled Employment Lawyers Today
If you worked double time and your employer has not properly compensated you, the Ferraro Vega San Diego Employment Lawyers team can help. Contact us today to speak with a representative and receive the compensation you deserve.