Gone are the days when the employees used to work tirelessly to get the work done before the deadlines and not worry about how overworked they are for an entire week. Now that the times have changed along with the laws, if any employee is working over 40 hours a week, he should be compensated for that with the overtime wages. If you have worked overtime and your employer has failed to provide you with the desired compensation, then you must consult an overtime lawyer Los Angeles on what needs to be done in your case.
What are overtime wages?
In simple words, overtime wages or overtime pay is that amount paid to the employees who have worked over 40 hours in a particular workweek. The overtime wages should be paid on the regular payday for that particular pay period during which the overtime hours were worked by the employee.
The provisions relating to overtime wages are mentioned in the Fair Labor Standards Act (FLSA). The act states that an employee is entitled to be paid the overtime wages if the work has been extended over 40 hours a week at a rate that should not be less than one-half of their regular pay rate and time. Unless exempted, employers must pay their employees overtime wages as per the provisions of the law.
How to calculate overtime wages?
As mentioned earlier, overtime wages need to be calculated as the time and a half of the hourly wage. If you think that this is a complicated method, then it is not. Simple math can be done right here:
Hourly Rate x 1.5= overtime rate
Hourly rate x 40= weekly rate
Weekly wage x overtime wage = Total wage
And with this calculation, your employer is bound to pay you the overtime wage in the same period when your salary is released. Which in simple words means that this overtime wage should be considered as part of your regular payments according to the provisions mentioned in the FLSA. Also, the Act does not have any limit for the workers over the age of 16 to be working for several hours in a workweek. It is just that the overtime wages are not considered on Saturdays, Sundays, or any holidays.
How to prove unpaid overtime wages?
If you think you have been a victim of unpaid overtime wages, then the first thing you should be doing is consulting an overtime lawyer Los Angeles and then focus on the following:
• Keeping the notes
Being an employee, you must always keep the notes and records of how much time you have worked in the particular week so that at the time of negotiation you can present it as proof and it can also contradict the statements of the employer.
• Electronic records
You must collect all the electronic records for the time that you have worked overtime during a particular week. This might include calls to the clients or customers, any computer data that displays when you logged in and logged off. These can be extremely crucial evidence that can work in your favor for the case.
If you are successful in collecting all the evidence, they can be beneficial in recovering all the unpaid overtime wages that you have lost. When your employer refuses to pay them overtime wages along with the regular work hours, then it is your right to speak to a good overtime lawyer in Los Angeles so that he can offer you the best advice and actions that you can take. One of the options that the lawyer can offer is to issue a subpoena to the employer to present the proof of overtime work hours.
All you need to do is think rationally, take the right step, and believe in what you have done and what you are about to do. Rest the lawyer will help you out with every step of the way. and if you know that you have worked overtime sincerely, then you will get the unpaid overtime wages through the path suggested by your overtime lawyer. Make sure that you are ready with all the facts and proof that work in your favor.
