California overtime laws need to be considered when positioning your case for the best possible outcome. It is common for clients to ask, “What are the things I can do as a client to have the best chance at winning my case?” This is a great question, and a summarized response follows, which is intended to “educate you” in advance of the process.
With respect to California overtime pay claims that involve exemption to overtime, in many cases, three key factors need to be determined. First, what tasks did you actually perform, what percentage of the time did you perform them, and how much independent discretion did you have? These are questions that merit your advance consideration and thought. Now in regard to possible recovery of damages an additional question must be asked- how much overtime did you work? This means how much time “over 8 hours per day” or “over 40 hours in a week” did you actually work?
Although the courts place the burden of timekeeping on the Employer in overtime pay claims, that burden may shift to the Employee if the Employer can produce witnesses or has other evidence of the hours you may have worked. Some common ways you can prove your overtime are: time sheets, timecards, computer log ins, phone system login, suite passkey, building pass key, surveillance cameras, security desk check ins when entering the building, server login, witnesses, vendor receipts, emails after hours on company or personal email, and the alarm system login. It is important to be able to produce as much evidence and as many documents as you can, to prove your case. Evidence not at your fingertips may be able to be obtained through the court process called discovery or through depositions (question and answer meetings under oath with third parties that we serve a subpoena or notice to appear).
Another key to success in California overtime law cases is bringing in co-plaintiffs. This means having others that may have also been deprived of overtime pay, contact out firm to discuss whether or not they have been deprived of overtime pay. Adding additional plaintiffs to your case places additional pressure on the Employer to resolve your overtime claims. Additional plaintiffs may also act as witnesses to your overtime pay claims and create credibility in many instances.
Other items that may assist us in proving your case are job descriptions, Employee handbooks, offer letters, and company memos. All of these items may shed light on what duties you performed and whether or not you had independent discretion and are exempt from overtime or non-exempt from overtime. It may also help to prove the overtime hours you may have worked under California overtime laws.
One thing that you can be certain of in most cases, is that your Employer will likely not just concede to your demand and write a check out for your back overtime pay, interest and attorney fees. Rather, you and your attorney will need to convince the Employer and their legal counsel, that they have little or no chance of winning and the cost to defend your claims will far outweigh the benefit.
You should also be aware that it is illegal under State and Federal law for your Employer to retaliate against you or harass you directly or indirectly for filing a claim for your back overtime pay. If at any time, you experience any harassment or retaliation from your Employer or anyone acting on their behalf, carefully document the date, time, any witnesses present, the incident details and report this incident to your attorney.
It is critical to constantly be gathering evidence to support your claims. If you are still working for the Employer that you may file a claim against, be certain to continue to record your hours, gather witnesses to your overtime, and gather any documentation permissible to establish and prove your overtime pay claims.
