If you are a San Jose employee who was not paid for working overtime, you may be able to file a San Jose unpaid overtime pay lawsuit. These lawsuits demand that the employer, either past or present, to pay the employee back unpaid wages for overtime hours that were worked but paid. Unpaid overtime lawsuits also seek payment of the attorney’s fees and expenses incurred in pursuing legal action.
Overtime is the amount of time an employee works beyond normal working hours. The Fair Labor Standards Act (FLSA) establishes a standard work week of no more than 40 hours per week for most employees. The federal law requires payment for time worked beyond 40 hours a week at a rate of no less than one and one-half times their regular rate of pay. Most workers, included many salaried workers, are eligible to receive paid overtime.
Employers who violate overtime pay laws can be sued by the employee for the unpaid time. Many of these cases are filed as class action lawsuits by a large number of employees against the same employer. An employer cannot retaliate an employee, like firing or disciplining the worker, if the employee files a lawsuit for unpaid wages. If there is retaliation, the employer may face additional charges in a civil lawsuit for wrongful termination.
San Jose Overtime Pay Lawsuit News
Related San Jose Overtime Pay Lawsuit News
SAN JOSE — After years of waiting, a group of sprinkler technicians finally received a $1.3 million payout from their employer, Cintas Fire Protection Services, as compensation for unpaid overtime and other wages.
CALIFORNIA — A former University of Southern California football player recently hit the NCAA and PAC-12 with an unpaid overtime lawsuit claiming he and other student athletes are actually employees of the colleges they played for and therefore are owed years of unpaid wages.
Check out our Final Rule illustration, and be sure to share the infographic with colleagues and employers who may be subjected to the new overtime pay laws.
SAN JOSE, Calif. — The operator of five assisted living facilities in San Jose, Calif. owes $443,460 for alleged California law minimum wage and overtime violations, according to a citation announced March 28 by the California Department of Industrial Relations. The company, TJ Homes Corp., must pay 22 caregivers $192,050 in back wages, $150,200 in liquidated […]
SAN JOSE, Calif. — A group of truck drivers filed suit against Rich Voss Trucking, their employer, for violations of the wage and overtime provisions of California Labor Law. The suit alleges that the company failed to provide meal or rest periods, pay overtime, minimum wage, and final wages, failed to maintain records and provide […]
San Jose Overtime Lawsuit Lawyers
Our San Jose overtime lawyers file unpaid overtime lawsuits on behalf of workers who are not paid the legally required wages. Under the Fair Labor Standards Act (FLSA), a large number of workers who are entitled to overtime pay never receive the wages owed to them under federal or state law. Many times, the company either misclassifies a worker as “exempt,” denies overtime, or falsely informs workers that overtime pay is not required for their position. When an employer denies or refuses to pay overtime wages, it may give rise to an unpaid overtime lawsuit.
Recent data shows that approximately 1,000,000 people live in the city of San Jose and the population is still growing. San Jose is the tenth most heavily populated city in the United States and the third-most populated city in the state of California.
The major economic sectors include high-tech, professional and business services, trade, transportation, utilities, manufacturing, educational and health services, leisure, hospitality and government. The unemployment rate is about 7.9%.
The metropolitan area has a very diverse workforce including government employees, software engineers, computer programmers, service employees, healthcare workers, teachers, administrators, and faculty, tourism-based businesses, medical and biomedical industry workers, and a wide range of other industries. The largest employers in California and the San Jose area are:
- County of Santa Clara
- Cisco Systems
- City of San Jose
- U.S. Postal Service
- San Jose State University
- San Jose Unified School District
- Adobe Systems
- Good Samaritan Hospital
- Kaiser Permanente
- Cadence Design Systems
- Maxim Integrated
- Brocade Communications
- Becton Dickinson Biosciences
The success of San Jose is largely based upon its dedicated and ambitious workforce. Many employees work in excess of 40 hours per week at their jobs, either voluntarily or at the request of their employer. In many circumstances, the employee is not receiving federal and state mandated overtime pay.
Under the Fair Labor Standards Act (FLSA), “covered” employees are entitled to overtime pay at 1.5 times the regular pay rate. Other jobs and occupations are considered exempt, which means that the employer is not required to provide overtime pay. Some employers “misclassify” the job as an attempt to avoid paying overtime wages, however, this is an unlawful and deceptive practice and violates federal law. There are also California overtime pay laws in addition to federal regulations.
Filing a San Jose Overtime Lawsuit
An experienced unpaid overtime attorney can determine whether you are entitled to overtime pay and whether you are eligible to file a lawsuit for unpaid wages. These cases seek to force the employer, either past or present, to pay the employee the back unpaid wages for overtime hours that were not paid. California unpaid overtime lawsuits also seek payment of the attorney’s fees and expenses incurred in pursuing legal action.
Help From a San Jose Overtime Lawyer
Our experienced team of San Jose employment law attorneys will carefully evaluate your work situation and determine if you are owed back overtime pay from your employer. We will advise you of your legal rights and if you do have a case, we will handle your case and charge no legal fees until you receive your settlement. We will also pay all costs and litigation expenses in the case.
To file your San Jose lawsuit, you should contact us now at (855) 263-3525 for a Free, No Obligation Case Review. You can also complete the Free Unpaid Overtime Case Review Box on the right side of this page and an experienced attorney will contact you shortly.
San Jose Legal Resources
- San Jose City Data
- San Jose Government Website
- San Jose Superior Court
- Federal Court Serving San Jose
- San Jose Wikipedia Page
We Handle San Jose Overtime Pay Lawsuits for the Following Professions
Nurses, medical professionals, health care workers, caregivers, recruiters, nannies, restaurant workers, chefs, waiters, waitresses, bartenders, truck drivers, roadside assistance workers, call center employees, customer service representatives, telemarketers, IT specialists, investigators, inspectors, delivery drivers, managers, supervisors, salespersons, security guards, factory workers, janitors, mechanics, carpenters, plumbers, electricians, couriers, government employees, police officers, firefighters, EMT, EMS, hotel workers, cashiers, retail store employees, cable installers, bank tellers, construction workers, warehouse employees, investment bankers, forklift operators, and all other professions and occupations
We Handle San Jose Overtime Pay Lawsuits for the Following ZIP codes:
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