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Overtime: Misclassification Of Employees As Exempt

Overtime Disputes

The law requires that nonexempt employees are paid time and a half for overtime. Nonexempt employees are paid on an hourly basis, as opposed to exempt employees, who are salaried. Many overtime disputes arise because of misclassification between nonexempt and exempt statuses.

Other reasons overtime disputes arise include:

  • Employers failing to pay for prep time
  • Disputes over calculating the hours of salespersons, trainees and resident workers

If you are engaged in an overtime dispute in California, the attorneys at Winton Strauss Law Group, P.C., are here to help you pursue the best possible outcome. We have extensive experience handling employment law claims for employees and employers from the San Francisco Bay area, Sacramento, and all the way across the I-80 corridor to Lake Tahoe.

Meal And Rest Breaks

Unpaid meal and rest breaks can also result in a labor dispute. Under California employment laws, employers must provide employees with the following periods of uninterrupted breaks in an eight-hour shift:

  • One 30-minute meal break
  • Two 10-minute rest breaks

Employees must be relieved of all duties during those break periods, and employers may not take any action that discourages employees from taking breaks.

Contact Us About Your Claim

Whether you are an employee or employer, our attorneys can protect your rights in any overtime, meal or rest break dispute. We know both sides of the law, which gives us a valuable perspective when handling these claims. Contact us online or by telephone at 415-985-2111 to arrange a free initial consultation with one of our knowledgeable employment lawyers.

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