If you believe you may be entitled to unpaid overtime or reimbursement for missed meal periods, you can contact Strauss Law Group directly. Simply email or call us at (877) 641-9992.
Who Is Entitled To Compensation For Unpaid Wages?
In California, non-exempt employees are entitled to overtime, doubletime, and meal and rest periods, with a few exceptions. Non-exempt employees who were not paid overtime and doubletime and were denied meal and rest periods over the last three years can bring a legal action to recover these unpaid wages from their employer. Top.
How Far Back In Time Can I Recover These Unpaid Wages?
The Look-Back Period, or statute of limitations, for wage claims is typically a maximum of three years from the date you file a lawsuit or wage claim with the Department of Labor Standards Enforcement. For example, if you worked for Employer from January 1, 2001 through December 31, 2006 and filed a wage claim on July 31, 2007, the Look-Back Period would be three years back from July 31, 2007, and you would only be able to recover unpaid wages from July 31, 2004 through December 31, 2006. HOWEVER, if you file your wage claim in state court, it may be possible to go back one additional year. Top.
This is a very difficult question. Only a few categories of salaried workers are exempt. They include licensed professionals (i.e., doctors, lawyers, opthamologists, licensed CPAs, etc.) high-level administrators (i.e., an office manager who supervises multiple workers or sets company policy), and executives (i.e., CEOs, CFOs, presidents, etc.). These categories are very narrowly defined, so most California employees, even if paid on a salary basis, are non-exempt.
Even so, whether you are exempt or non-exempt depends heavily on the type of work you do. For example, a salaried retail store manager who spends more than 50% of the time stocking shelves, ringing up customers, and sweeping the floors would be non-exempt.
Other exempt occupations are nurse practitioners and "outside salespersons," who work more than 50% of the time outside of their office and earn a commissions-based salary. Also, employees in the computer software field who earn more than $41.00 per hour are exempt.
What Are Overtime And Doubletime?
Under California law, employers must pay overtime -- at a rate of 1.5 times the employee's regular rate of pay -- to non-exempt employees who work in excess of eight hours in one day or 40 hours in one week. (Some exceptions apply to individuals in particular industries and who work irregular schedules or are covered by collective bargaining agreements.) This calculator only works for those situations where you work more than 40 hours in one week, so you may have a claim for unpaid overtime if you worked in excess of eight hours many days, but not over 40 for the entire week. Further, this calculator does not take into account doubletime compensation.
Doubletime is for those non-exempt workers who work in excess of 12 hours in a single day or any hours in excess of 8 on the seventh straight day of work in a single work week. (Again, some exceptions apply.) If you worked overtime or doubletime during the last three years, you are entitled to repayment by your employer for each unpaid hour or fraction thereof, plus interest. Top.
What Does It Mean To Miss A Meal Period?
Non-exempt California employees are entitled to one 30-minute, uninterrupted meal period for each five-hour shift worked. If you work ten or more hours, you are entitled to two 30-minute, uninterrupted meal periods. Uninterrupted means that If your employer does not allow you to take your meal periods, he or she owes you one extra hour of pay at your regular hourly rate for each missed meal period. Top.
Can I Recover For Missed Rest Breaks?
Maybe. While California law says that non-exempt employees are entitled to a 10-minute rest period for every four hours worked, and that they are entitled to one hour of pay for every day in which they miss a rest period, courts do not like to include missed rest breaks in awards for wages owed. The reason is that it is more difficult to prove that an employer forced an employee to miss a rest period, because, unlike meal periods, the employer does not have to keep records for every rest period taken by an employee. Simply put, it is a question of proof, so if you have concrete proof that your employer forced you to miss rest periods, you might have an easier time obtaining a wages award that includes them. Top.
How Do Courts Calculate Interest?
Under the California Labor Code, an employer who fails to pay wages to an employee owes interest on those wages. Interest accrues at a rate of 10% per year, and is calculated at the end of every pay period. WARNING: THE INTEREST CALCULATED ABOVE IS A VERY ROUGH ESTIMATE - THE ACTUAL AMOUNT OF INTEREST OWING COULD VARY TO A LARGE DEGREE. Top.
How Do I Calculate My Hourly Rate?
Good question. For hourly employees, it is relatively simple - your hourly rate should be on your paycheck stub. However, you must also factor in performance- or incentive-based bonuses and commissions. As a general rule, if you ever earned bonuses or commissions, add a dollar or two to your stated hourly rate.
For salaried employees, who may also be non-exempt, take your yearly salary, incentive-based bonuses, and commissions and divide the total by 2080. Top.
How Precise Is The Calculator?
The amounts shown are a rough estimate. The true grand total will vary according to proof and the amount of interest accrued. This estimate does not factor in doubletime compensation or penalties. The calculator is also more precise the longer the look-back period you enter. Top.
What Are Incentive-Based Bonuses? Is A Christmas Bonus An Incentive-Based Bonus?
Incentive-based bonuses are those you achieve, not those you receive out of the goodness of your employer's heart. The classic example of an incentive-based bonus is one where the employer sets a production or sales goal for a certain quarter, and if the employee meets or exceeds that goal, the employee will get a fixed amount of money.
Unfortunately, a Christmas bonus is not incentive-based. It is a gratuitous bonus, which does not go into the calculation for your regular rate of pay. Top.
What Is Strauss Law Group?
Strauss Law Group is an employment law firm based out of Ventura, California. Its attorneys represent employees and employers throughout California in lawsuits in civil courts and in wage claims before the Labor Commissioner. For more information, visit the Strauss Law Group website. Top.
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DISCLAIMER: By using this calculator, you agree that Strauss Law Group, APC does not make any representations for the accuracy of this calculator and that Strauss Law Group, APC shall not be held liable for representations made in connection with this calculator. Furthermore, you agree that you have not created an attorney-client relationship with Strauss Law Group, APC by virtue of using this calculator.