Employees May be Entitled to Recover 2x Their Unpaid Overtime Wages
If your current or former employer acted in violation of federal overtime laws, you may be entitled to recover two times the unpaid overtime wages. When employees are improperly denied overtime wages, they are first entitled to recover those unpaid overtime wages plus interest. There is also a penalty under federal law which creates a right for employees to recover liquidated damages in certain circumstances, like when the employer intentionally commits the overtime wage violations. At Blumenthal, Nordrehaug & Bhowmik, our California employment law lawyers strive to collect all of the wages and penalties available to employees. Our Settlements and Judgments demonstrate the level of success we have had recovering wages for employees throughout California communities such as Los Angeles, San Diego, Orange County and San Francisco.
Performing Job Duties Before and After Shifts
Employers frequently require employees to perform job duties before they clock in and after they clock out of the timekeeping system. These activities may consist of anything from driving to work to spending time making sure the alarm system is active before you leave the store. If your current or former employer knows or should know that you are performing job duties “off the clock” and the duties you are performing are principal job activities, you may be entitled to recover compensation under federal law for the amount of time you spend performing such duties before and after shifts.
Mandatory Meal Period
Under federal wage and hour laws, non-exempt employees are suppose to receive a 30 minute, uninterrupted and off-duty meal break for every 5 hours of work. If your employer interrupts these mandatory meal periods or fails to provide the meal periods all together, but does not compensate you for working through such meal periods, you may be entitled to recover compensation.
Compensable Waiting and On-Call Time
Employees are entitled to compensation for “waiting time” and “on-call time” unless they are off-duty and completely relieved of their job responsibilities. Generally speaking, the test that is applied is whether the worker may use the waiting or on-call time effectively for his or her own purposes. If he or she cannot, the time is usually compensable. Regardless of whether you are in the Northern District of California or the Southern District of California, an experienced employment law attorney at Blumenthal, Nordrehaug & Bhowmik can give you a free consultation on your federal wage and hour rights.