In California, there are a lot of myths concerning overtime pay. Some employees, for example, assume that if they are salaried, they are not entitled to overtime pay. This isn’t always the case, though. Others believe they have little recourse if their employer refuses to pay overtime. This, too, is untrue. Continue reading to learn more, and then call The Law Offices of Larry H. Parker at 866-536-5788 for a free legal consultation with an attorney.
Unpaid overtime occurs in a variety of forms
Unpaid overtime can happen in a variety of ways for a delivery driver. For their job, they may be paid a daily fixed charge. For example, regardless of the amount of hours worked, they may get $100 every day. During adverse weather, high-traffic hours, and other times, this might result in drastically reduced hourly income.
The issue with workers being classified incorrectly
Employers frequently designate workers as contractors when they should be regarded as employees. This is problematic since a contractor is not entitled to the same benefits as a full-time employee. This is why many large businesses prefer to operate with solely independent freelancers. However, more and more businesses are being sued for engaging in this activity.
Reimbursement is frequently due
Many businesses not only owe their delivery drivers cash for incorrectly categorizing them and/or failing to pay overtime, but they also owe them money for expenses that should have been repaid. If a driver uses their own car for deliveries, for example, their employer may be responsible for covering the cost of vehicle repairs. If the driver drives their own car, California state law also mandates mileage compensation.
How can you know if you owe money?
If you are an employee who is designated as exempt, your employer is not required by law to pay you overtime. However, it’s possible that your employer misclassified you as exempt in order to avoid paying overtime. If you’re not sure if this applies to you, go to an employment lawyer.
You’ll also need to think about if you’ve worked unpaid hours and discover proof of it. Make a list of all the hours you’ve been asked to work without compensation and who has asked you to do so. Many people are terrified of upsetting their employers because they don’t want to lose their jobs. According to the law, you cannot be dismissed for requesting back wages.
What should you do if you believe you owe money?
This section is straightforward: The Law Offices of Larry H. Parker may be reached at 866-536-5788. We will begin with a free legal consultation during which we will examine your case and provide you with a recommendation.