Oakland Overtime & Double Time Lawyer
You Must Be Paid for Overtime and Double Time. It’s the Law.
The law states that you must be paid an overtime premium (150%) for any time you work in excess of 8 hours in a day, more than 40 hours per week, or on the seventh consecutive day in a week. For example, if you work nine hours in any day and your normal rate of pay is $12, then you must be paid 8 hours of regular time at $12 per hour plus 1 hour of overtime at $18 per hour.
You must also be paid double time (200%) for any time you work over 12 hours in any day or more than 8 hours that you work on a seventh consecutive day in a week. For example, if you work 13 hours in any day and your normal rate of pay is $12 per hour then you must be paid 8 hours of regular time at $12 per hours plus 4 hours of overtime at $18 per hour plus one hour of double time at $24 per hour.
The requirement to pay overtime and double time cannot be waived or changed by the employee through any kind of oral or written agreement and therefore any agreement to waive or give up overtime has no legal effect.
The requirement to pay overtime and double time cannot be waived or changed by the employee through any kind of oral or written agreement and therefore any agreement to waive or give up overtime has no legal effect. The vast majority of employees must be paid overtime and double time unless they fall into certain narrow exceptions of “exempt employees.” The classification of employees as “non-exempt” (i.e., the vast majority of employees who must receive overtime and double-time pay) and “exempt” (i.e., the narrow minority of employees who do not need to receive overtime or double time pay) depends generally on the nature of their job and their compensation.
Employer Cannot Make You Non-Exempt Just by Paying a Salary
An employer cannot “convert” an employee to exempt status from overtime or double time by paying the employee a fixed salary regardless of the number of hours worked, labeling them a “salary” or “exempt employee,” or even having the employee agree that they are a “salary” or an “exempt employee.” In fact, when an employer pays an employee a flat salary regardless of the number of hours worked, the employer exposes itself to additional liability because the salary is considered to be compensation only for regular hours worked and all of the overtime/double-time hours are considered to be completely unpaid.
When an employer pays an employee a flat salary regardless of the number of hours worked, it exposes itself to liability.
This means that (1) the rate of pay per hour is calculated by taking the salary and dividing it by the number of regular hours worked (a $1,000 weekly salary is divided by 40 hours of regular time to arrive at a $25 per hour hourly rate regardless of the number of additional overtime/double-time hours worked), (2) the employee is entitled to receive 150% or 200% of their regular rate for the overtime and double-time hours worked (in this case $37.50 for every overtime hour worked and $50 for every double-time hour worked), and (3) since the employee is considered not to have been paid for any of their overtime or double time hours, the employee is also entitled to liquidated damages equal to the total amount of pay owed for the unpaid overtime and double-time hours (in effect doubling of what is owed for overtime and double time).
Don’t it alone. You need an attorney to get what’s due you.
The recovery of overtime/double-time wages, penalties, and interest can be difficult and contentious. This is why you should hire experienced minimum wage lawyers to guide you through the process. We are attorneys who specialize in wage litigation. We work on a contingency basis to recover your owed wages so we don’t get paid until you get paid. If you or someone you know has not been paid overtime/double-time wages at work, please call or email us. We may be able to recover unpaid wages, civil penalties, interest going back four years, and attorneys’ fees.
The Oakland overtime & double time lawyers of Venardi Zurada LLP provides free consultations for wage and hour law throughout California. We are experienced employment lawyers who fight hard for our clients. If we are able to take your case, we pay all litigation costs. We only get paid our costs and attorneys’ fees if you get compensation.
Get a Free Case Review
If you are an employee who feels their rights have been violated, or you need help negotiating or reviewing your employee contract, please call to speak to one of our expert employment law attorneys at 925-937-3900 or submit our form.
You can be confident in relying on our zealous and effective Oakland litigators:
We have served Northern California for over 35 years.
Our attorneys have been honored with numerous accolades, including SuperLawyers, AV Rating, and Top 100 Trial Attorney Awards.
In our decades of legal service to the community, we have garnered a substantial reputation. We are respected by opposing counsel, feared by insurance companies, and followed by jurors.
We combine Big Firm experience with boutique office attention and care. Several of our attorneys have experience working for the biggest law firms in the country, including the most prominent maritime defense law firm. Our attorneys rely on that big-firm know-how but prefer the personal touch of a smaller firm, allowing us to provide individualized and attentive representation to each of our clients.
We’ve been through it, too. Attorney Mark Venardi had to personally deal with a medical malpractice injury he suffered at a time when he was working a blue-collar job on an offshore oil rig; he knows what it’s like to be a working man dealing with a personal injury. He built his way up to working for the biggest maritime defense firm in the country, before deciding to focus on helping people like himself who were hurt by negligence and mistreatment from others.
We like to fight for the underdog. Attorney Martin Zurada is an immigrant and the son of immigrants who tirelessly worked his way up through education and experience to attain the American dream. Even though he has served in large, high-level litigation law firms, he prefers helping clients directly, fighting against injustices, and securing victories for the little guy who has been wronged.
We win. We have secured multi-million dollar verdicts and settlements. In our combined tenure, we have recovered tens of millions of dollars for our clients across our broad areas of practice.
We care first and foremost about our clients. We dedicate ourselves to serve each and every client personally, and we make ourselves available to our clients around the clock.
There is no cost to you until we win. If we don’t make a recovery for you, we will not collect a fee. And all initial consultations are free of charge.
Dedicated Areas of Practice
We offer a wide range of litigation services for Oakland personal injury and employment law clients. Specifically, our areas of dedicated practice span the following issues:
Employment Law. California employers must assure proper pay to employees and comply with a variety of rules and regulations to prevent discrimination and unfair treatment of employees. We represent victims of wage and hour violations, employment discrimination, workplace harassment, retaliation, wrongful termination, and any other form of California workplace mistreatment. If you believe you were treated inappropriately at work, we can help.
Personal Injury. If you’ve been injured due to another’s negligence, you deserve compensation. That’s where we come in. As Oakland personal injury attorneys, we right the wrongs done to our clients. And we do it at our cost during the entire duration of your case. There is never any fee until we win. Give us a call if you have been hurt in a car accident, by a toxic spill or contamination, as a result of medical malpractice, due to abuse or neglect, in a maritime accident, by a vicious animal attack, or any other incident caused by someone else’s negligence.
The Sooner You Speak to an Attorney, the Stronger Your Chances for Recovery Will Become.
Contact the Oakland litigation attorneys at Venardi Zurada today, and let’s get started. We are available to talk any time, so whether you call, email or chat online, we’ll respond and set up an appointment to meet you. We have several Spanish speakers in the office and welcome the opportunity to cater our services to Oakland’s Spanish-speaking population. You pay no fee until we win for you, so you have nothing to lose by contacting our office for a free consultation. The sooner you call, the faster we can start getting results for you. Call 925-937-3900.