There are many misconceptions about overtime pay in California. For example, some workers believe that if they are salaried they are not eligible for overtime. This is not always true. Others assume that if their employer refuses to pay overtime, there is nothing they can do. This is not true either. Read on to learn more and then contact The Law Offices of Larry H. Parker at 562-222-0146 if you are in need of a free legal consultation with an attorney.
Unpaid Overtime Happens in Several Ways
There are several ways a delivery driver can end up with unpaid overtime. They may be paid a daily flat rate for their work. For example, they may make $100 per day regardless of the number of hours worked. This can result in significantly lower hourly wages during inclement weather, high-traffic times, etc.
The Problem with Incorrectly Classifying Workers
A common tactic of employers is to classify someone as a contractor when they should be classified as an employee. This is a problem because a contractor does not get the same benefits a full-time employee would get. This is why major corporations often try to work only with independent contractors. However, more and more companies have been sued for this practice.
Reimbursement is Often Owed as Well
Not only do many employers owe their delivery drivers pay for not classifying them correctly and / or not paying overtime, but they often own them money for things that should have been reimbursed. For example, if a driver uses their own vehicle for deliveries then their employer may be responsible for reimbursing them for repairs to the vehicle. California state law also requires mileage reimbursement if the driver uses their own vehicle.
How to Know if You Are Owed Pay
If you are an employee and you are classified as exempt then your employer does not legally have to pay overtime for you. However, note that your employer may have misclassified you as exempt just to get around paying overtime. Your employment law attorney can help you determine if that applies to you.
You will also need to consider if you have worked hours you were not paid for and find evidence of it. Write down all hours you are requested to work without pay and who asked you to do so. Many people are afraid to make a fuss because they do not want to lose their job. The law states that you cannot legally be fired due to asking for back pay.
What to Do if You Believe Are You Owed Pay
This part is simple: Call The Law Offices of Larry H. Parker at 562-222-0146. We will start with a free legal consultation during which we can consider your case and give you advice on how to proceed. Do not put it off – call us now and we can get started right away.