San Jose Unpaid Overtime

San Jose Overtime Pay, Overtime Rules and Information About Collecting Unpaid Overtime

Unpaid Overtime San Jose Unpaid overtime class action lawsuits are among the most common form of labor lawsuits in the United States. Workers in San Jose who believe they have been denied overtime pay by an employer may be eligible to file an San Jose unpaid overtime claim against their employer.

Labor laws on the state and federal levels provide protections for San Jose employees to ensure they are fairly compensated. National employment laws require companies to pay all applicable San Jose workers overtime rates for any hours they work above the 40 hours threshold. Most hourly wage workers are entitled to overtime pay, and some salaried workers are as well. In some cases, San Jose companies purposefully deny wages by misclassifying their employees as exempt or averaging hours across pay period; in other cases, a company may mistakenly deny overtime pay in San Jose.

More companies than ever before are denying workers overtime pay. San Jose workers should be paid honestly for their work in accordance with state and federal laws. By filing an overtime claim, you can recover back wages and sometimes more for damages.

Experienced San Jose overtime claims attorneys are available to assess your circumstances, free of charge. Well versed in both federal labor laws in the Fair Labor Standards Act (FSLA) and relevant state laws, our attorneys serving San Jose can determine any claims you may have.

Understanding Overtime Claims

San Jose employees in many different industries and professions are entitled to overtime pay. Federal law dictates that overtime pay must be paid when an employee exceeds 40 hours of work during a seven day period. Any hours beyond 40 must be paid at a rate of time-and-a-half their normal hourly rate.

For example, if a worker in San Jose is normally paid $10 per hour, they receive this rate for the first 40 hours. Any hours beyond 40 in a given week must be compensated at a rate of $15 per hour.

Some states have added protections that ensure workers are paid overtime for any hours they work beyond 8 on a single workday. In states where that law is applicable, companies may not average work hours across the workweek to avoid paying overtime rates.

Denying Overtime is Illegal in San Jose

There are several different ways an employer in San Jose may try to justify not paying overtime, all of which are illegal:

It is not legal to average hours over two weeks; overtime must be calculated and paid week by week.

Some employers attempt to offer “comp time” to use as future time off, rather than pay an employee at their overtime rate.

Companies in San Jose may also attempt to underpay their workers by requiring work off the clock, automatically deducting break time from an employee’s hours, or misclassifying an employee as “exempt” from receiving overtime pay.

Industries in Which Unpaid Overtime is Common in San Jose

San Jose workers should be paid honestly for their work in accordance with state and federal laws, by filing an overtime claim, you can recover back wages.

IT
hospitality
real estate
insurance
any employee who is telecommuting
service techs
sales reps
installers
non-exempt healthcare
tipped employees
oil / gas field workers
manufacturing
food and beverage
call center employees
bankers and brokers
retail employees

Filing a Claim in San Jose for Denied Overtime

Employment laws are complicated because they exist on both federal and state levels. It is not necessary for you to understand all the details of the laws that apply in San Jose. Our unpaid overtime attorneys serving San Jose have extensive knowledge of applicable labor laws. Our attorneys handling San Jose overtime cases will assess your circumstances carefully to determine whether you may have a claim. If you have been denied overtime pay or think you may have been wrongfully classified as exempt, contact our firm for a free case review.

Many workers are intimidated to claim unpaid overtime in San Jose for fear their employer will cut their hours or fire them. Federal worker protections are also in place to protect you from any type of retaliation. It is illegal to punish an employee for seeking back wages. Our San Jose attorneys are here to support and assist you as you seek damages from an unjust employer or company in San Jose.

Unpaid Overtime Attorneys Help San Jose Workers Recover Lost Wages

Our attorneys handling unpaid overtime class action lawsuits on behalf of workers in San Jose who believe they have been wrongfully denied overtime are employment litigation experts. They will work tirelessly on your behalf to assure you get the compensation you deserve. If you or a loved one in San Jose has been denied overtime wages by an employer, a wage and hour attorney serving San Jose can help by answering your questions and giving you a sense of your legal options.