Overtime Wage Claims

Palay Law Firm handles California overtime wage claims, as well as wage claims for minimum wage, meal periods, unpaid commissions, unpaid vacation wages, and more. We have recovered millions of dollars for California employees on wage and hour claims.

California employees who are denied overtime pay can bring an overtime wage claim in either civil court or with the Labor Commissioner nearest the location where the work was performed. The types of overtime wage claims typically seen by Palay Law Firm involve:

• Employees misclassified as exempt from overtime;
• Employees paid straight-time for overtime hours;
• Employees paid overtime at the wrong rate;
• Employees forced to clock out after eight hours and continue working; and
• Employees paid on a piece-rate who do not receive proper overtime pay.

Palay Law Firm sees these types of overtime wage claims on a daily basis. We begin by evaluating your overtime case. We assess your evidence (i.e., time cards, paycheck stubs, personal journals/calendars). We look at the ability of the defendant-employer to pay a judgment or settlement. If we like your case, we usually take it.

Once we take a case for unpaid overtime, we can either attempt to negotiate informally or simply file in the proper venue (civil court or the Labor Commissioner). Sometimes, however, it is necessary to file first, especially if the statute of limitations is running on the overtime wage claim.

Overtime cases usually are straightforward, and they tend to resolve faster than other types of cases. That being said, sometimes we take these cases to trial.

If you believe you have an unpaid overtime wage claim, contact us immediately for a free case evaluation.

In addition to overtime wage claims, we also represent employees in other types of wage claims, like those for denied meal periods and unreimbursed business expenses.  Examples of our recent wage claims include:

• Overtime wage claim: Second assistant manager of large grocery store chain was misclassified as exempt and never paid overtime.
• Lunch break wage claim: Class actions on behalf of oil rig workers who couldn't leave the rig for their 30-minute, off-duty lunch breaks were really not off-duty, so they did not get lawful lunch breaks under California law and were therefore entitled to one hour of pay for each missed lunch break.
• Overtime wage claim: Construction employees not paid for all prep time before work and for after-work paperwork.
• Overtime wage claim: Office administrative worker paid straight time wages even though she worked overtime (straight-time pay for overtime hours is not legal in California in most situations).
• Lunch break wage claim: Auto mechanics forced to work through lunch and therefore entitled to one hour of pay for each denied lunch break.
• Overtime wage claim: Pharmacist misclassified as an independent contractor, owed unpaid overtime (paid at straight-time rate), plus interest and waiting-time penalty under Labor Code section 203. (Did you know that pharmacists are usually non-exempt?)
• Overtime wage claim: Misclassified automobile damage appraiser owed unpaid overtime, plus interest and waiting-time penalty under Labor Code section 203.
• Overtime wage claim: Inside salesperson not paid overtime, entitled to unpaid overtime, plus interest and waiting-time penalty under Labor Code section 203.
• Overtime wage claim: Limousine driver not paid overtime at correct rate because nondiscretionary tips not factored into overtime pay, owed unpaid wages, interest, and penalty under Labor Code section 203.

Visit our California Wage Claim FAQs.