Top Five Reasons for Consulting an Overtime Lawyer

Top Five Reasons for Consulting an Overtime Lawyer

Have you worked overtime and not received compensation for it? In California, as per the Fair Labor Standards Act, employers are legally mandated to pay their employees for any overtime work they might require them to do. If you have worked for more than 40 hours in a workweek, that constitutes as overtime work.

Despite the legal requirement for overtime pay, though, some employers may try to skirt the law and get away with paying you less than what you deserve or not at all. If that happens, it is up to you to stand up for your rights and ask for the due payment. If your employer remains intractable, you will have to hire an overtime lawyer Los Angeles and take legal action.

Here are the top five reasons for consulting an overtime lawyer:

1. The lawyer understands the provisions in the Fair Labor Standards Act

According to the Fair Labor Standards Acts, employees who do overtime work during the week must receive one and one-half times of the payment they normally receive for work done in regular hours.

2. The lawyer will assess your situation to determine if your case will prevail

By law, your employer must keep a correct record of your work hours. Legally, regular work hours cannot exceed eight hours per day or 40 hours per week. The overtime lawyer in Los Angeles will review your record and check if your work hours have exceeded the legal requirement. If your employer has not violated any state or federal law, the lawyer will advise you against pursuing the case and will try to find another solution to your issue.

3. The lawyer will represent you in court or before the state labor department

If possible, the overtime lawyer in Los Angeles will try to resolve the matter with your employer through negotiation. However, if your employer remains intractable, the lawyer will resort to legal action. Depending on your situation, they will decide if it will be more to your advantage to take the matter to court or to present it before the state labor department.

4. The lawyer will ensure that you get the pay you deserve

If you have worked for more than eight hours or up to 12 hours during a workday, then your employer is obliged to make the overtime payment at one and one-half times of what you receive as regular pay for these extra work hours. You will also receive the overtime pay for the first eight hours if you work on the seventh consecutive day of the workweek.

If you have worked for more than 12 hours in a workday and for more than eight hours on the seventh day of the week, your employer must pay you to double the regular pay rate. The overtime lawyer in Los Angeles will review and list your total work hours and, depending on these, build your case to ensure overtime payment.

5. The lawyer will protect you from employer retaliation

After you ask for your overtime pay, threaten to sue for the payment, or actually file an overtime payment case against your employer, there is a chance that they may retaliate against you. While legally they cannot terminate your employment or demote you from your current position over this matter, some employers may ignore the law and do so. You may also face other types of minor or major harassment at your workplace.

It will be a good idea to gather evidence of the harassment and be well-prepared when you approach an overtime lawyer in Los Angeles. They will further advance your case by interviewing co-workers, reviewing the work environment, and checking the work records. They will then negotiate with your employer or take legal action to put an end to the harassment. With an experienced and competent overtime lawyer in Los Angeles to look after your interests, you will be able to pursue a successful case against your employer and get the overtime pay for the additional work you have put in. Before hiring a lawyer, though, get a clear idea of the legal costs involved. Most lawyers will present you with the details during the free initial consultation with them.

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