license info: California Lawyer License Number 246240
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THE FACT THAT YOU ARE PAID ON A SALARY BASIS OR ACCORDING TO A COMMISSION STRUCTURE DOES NOT MEAN THAT YOU ARE NOT ENTITLED TO OVERTIME PAY FOR ALL OVERTIME HOURS YOU WORK. NOR DOES THE FACT THAT YOU HAVE A MANAGEMENT-TYPE JOB TITLE, OR ANY OTHER SORT OF JOB TITLE.
California law assumes that all employees are entitled to be paid at 1 ½ times their regular rate of pay (sometimes referred to as "overtime wages", "overtime pay", or simply "OT") for all hours in excess of 8 per day or 40 per week.
California law also assumes that all employees are entitled to be paid at 2 times their regular rate of pay (sometimes referred to as "double-time wages", "double-time pay", or simply "golden time") for all hours worked in excess of 12 in a day.
California law also assumes that all employees are entitled to a duty-free 30-minute meal period before the beginning of their sixth hour of work each day, and that all employees are entitled to a second duty-free 30-minute meal period before the beginning of their eleventh hour of work on each day any such employee works more than ten hours.
California law also assumes that all employees are entitled to a duty-free 10-minute rest period on each day that they work at least 3.5 hours, and that all employees are entitled to a second duty-free 10-minute rest period on each day that any such employee works more than six hours.
Please do not fall for the common myth that salaried employees are not entitled to additional overtime pay beyond their normal salary when they work more than 8 hours in a day or more than 40 hours in a week. Salary is never the sole basis for determining whether Overtime must be paid.
If you have not been paid overtime wages or double-time wages, or you have been denied meal and/or rest periods in accordance with California law, you may be entitled to recover your unpaid wages as well as penalties for your meal and rest period violations.
Often employers are more than happy to give employees special titles because they know employees generally don't have a full understanding of the overtime laws and are likely to believe that a particular job title determines eligibility for overtime pay.
If you have not received overtime pay at a current or past job, you may be entitled to recover all of the wages that were unlawfully withheld, plus penalties.
You never know...what you may think of as "no big deal," may actually be a big deal in the eyes of the law and entitle you to significant compensation.
California law is distinctly pro-employee and provides great incentives to those seeking to uphold their employment rights.
The Law Office of Seth E. Tillmon accepts employment law cases on a "Contingency Fee" basis. Under a Contingency Fee arrangement, you will NEVER pay a dime in attorney fees unless you receive a recovery in your case.
Call The Law Office of Seth E. Tillmon at (310) 559-1604 or (818) 693-4255 for a confidential consultation and evaluation of your potential claims.
Visit The Law Office of Seth E. Tillmon website for more information or to request a telephone call from Mr. Tillmon. You may submit the short "Request a Telephone Call" form and Mr. Tillmon will personally call you: https://TillmonLaw.com/
Please also feel free to view The Law Office of Seth E. Tillmon's Facebook page, where you will find numerous descriptions of past cases filed: https://www.facebook.com/LawOfficeOfSethETillmon/