Is it illegal to work unpaid overtime in Oakland?

California's employment law requires an employer to pay for all overtime hours, whether the overtime was authorized or not. An employer does have the right to discipline their employee for any unauthorized overtime hours. Similarly, an employee cannot hide unauthorized overtime from their employer. Still, no matter the situation, the employer must pay for any excess hours worked.

When are overtime wages due in Oakland?

An employer must pay all overtime wages no later than the agreed-upon pay day. If you receive weekly or biweekly payment, your overtime can be paid on the next following pay day, but no more than seven days after the close of the pay period. If your employer fails to honor this requirement, they might be legally liable.

Is it worth hiring an Oakland employment lawyer?

You may want to hire an employment lawyer in Oakland if you are subjected to any of the following situations: Discriminatory treatment due to a protected status such as pregnancy Wrongful contract termination Failure to receive the benefits you are entitled to as per your employment contract Workplace harassment Employer retaliation after requesting rightful overtime payment

Oakland Employment Lawyers

If you’ve been the victim of discrimination or harassment, had wages withheld, been deprived of promotions or raises that you earned, or otherwise treated unfairly at work, you may have the right to file an employment claim against your employer.

As a worker in Oakland, California, you have certain rights in the workplace. Your employer must respect these rights without question. If you’ve been discriminated against, harassed, deprived of wages or income, wrongfully terminated, or treated unfairly at work, you have the right to take legal action. The experienced Oakland employment lawyers at Cutter Law P.C. are here to help you hold your employer accountable.

Our award-winning California trial attorneys have over 130 years of combined experience. We’re known for our tireless pursuit of financial justice for aggrieved workers just like you. Through hard work, dedication, and commitment to our clients, we’ve achieved over $400 Million in life-changing financial awards.

Your employer won’t admit to wrongdoing. They’ll work hard to squash your complaint and avoid taking responsibility for their actions. Level the playing field by putting our top-rated employment attorneys in your corner.

Quick Links

Protecting Your Rights in the Workplace
We Handle All Types Of Employment Disputes in Oakland
How Cutter Law P.C. can help with your Oakland employment dispute
Arrange a free consultation with a trusted Oakland employment lawyer

Protecting Your Rights in the Workplace

California state and federal employment laws offer a host of protections to employees, contractors, and workers.

You have the right to be free from discrimination and harassment in the workplace that’s based on certain protected characteristics, including sex, pregnancy, gender, age, race, religion, national origin, disability, marital status, military service, and other factors.
You have the right to receive your agreed-upon wage for all hours worked.
You may have the right to receive overtime.
You have the right to get your paycheck on time.
You have the right to receive meal and rest breaks.
You have the right to report violations of your rights or your employer’s illegal activity without fear of retaliation or retribution.

Your employer cannot subject you to a hostile work environment, deprive you of pay or benefits, or terminate you for asserting your rights. If that happens, there must be accountability.

Whether you want to recover back pay or front pay, force your employer to execute the terms of your contract, or get your job back, our employment attorneys in Oakland can help.

We Handle All Types Of Employment Disputes in Oakland

At Cutter Law P.C., we represent workers in Oakland employment cases involving employees’ rights.

Discrimination

Employers may not discriminate against an employee on the basis of characteristics protected under California state and federal law. If you’ve been turned down for a job, missed out on promotions at work, denied pay raises, excluded from work activities, or otherwise adversely affected because of a protected characteristic, our employment attorneys in Oakland can help you file a claim to make things right.

Harassment

Harassment can occur in one of two ways: quid pro quo or a hostile work environment. Quid pro quo means that you’re expected to return sexual favors or advances in exchange for some type of job benefit. Hostile work environment harassment occurs when unwelcome comments or conduct create an atmosphere where you can’t do your job. Any type of harassment – especially sexual harassment – in the workplace is inexcusable. You can trust our Oakland employment attorneys to work to hold your employer accountable.

Retaliation

Your employer cannot retaliate or treat you unfairly because you have attempted to assert your rights in the workplace or been a whistleblower. Retaliation can come in many forms: excluding you from activities with co-workers, demotions, refusal to award earned promotions, and wrongful termination.

Wrongful Termination

While the vast majority of employment contracts in California are at will, it doesn’t mean that your employer can fire you for any reason under the sun. If their decision is motivated by a protected characteristic or done to retaliate against you, then it is a violation of federal and state law.

Wage and Hour Disputes

California has some of the strongest worker protection laws in the nation. In California, workers are lawfully entitled to earn a minimum wage, receive overtime benefits (when they qualify), and get their full paycheck on a regular basis. When an employer withholds pay, refuses to pay a worker for time spent on the clock, or denies benefits that are guaranteed by contract, they must be forced to take responsibility and issue proper payment to an aggrieved worker in a wage and hour claim.

Meal and Rest Break Violations

Many employees in California are entitled to meal and rest breaks during the course of a workday. While specific requirements depend on the worker’s job, compensation structure, and hours worked, employers are prohibited from keeping workers from taking breaks or forcing someone to perform work-related tasks while they’re off the clock.

Worker Misclassification

There are two ways to classify workers in California: as employees or contractors. Employees generally have more protections under the state’s labor laws. So, there are times when an employer will intentionally misclassify an employee as a contractor. This can save the employer money and even limit their liability if the worker is involved in an accident.

However, contractors have fewer rights, and the tax burdens are much, much more significant. Employers can be forced to reclassify workers and compensate them for benefits for which they’ve been deprived.

Workplace Injuries

If you suffer an injury at work or are diagnosed with an occupational disease, you may qualify for workers’ compensation benefits. The process of recovering workers’ compensation can be complicated, and your employer may not make things easy for you. Our employment attorneys in Oakland will help you file a claim and work to recover all of the benefits to which you’re entitled under California state workers’ compensation law.

Contact our law office in Oakland, CA, if you have had your rights infringed in the workplace. We will listen to your side of the story, consider your legal options, and help you put a plan into action to make things right.

How Cutter Law P.C. can help with your Oakland employment dispute

Your employer won’t be quick to admit that they’ve violated your rights. They’ll also have more resources at their disposal to fight your claim. To make an impact and win your employment case, you’ll have to put yourself on level ground.

That’s where our Oakland employment attorneys can help.

We have 130+ years of legal experience and have successfully obtained over $400 million in damages on behalf of clients like you. We’re more than ready to take on your employer and force them to take responsibility for the harm they’ve caused.

As we work on your employment dispute, our California trial attorneys may:

File a complaint with the Equal Employment Opportunity Commission (EEOC) or other government agencies
Gather evidence, including hiring policies, HR records, memos and documents, emails and company correspondence, and other information that can prove your claims
Subpoena and depose witnesses or parties with knowledge or insight related to your case
File a civil employment lawsuit against your employer seeking damages
Negotiate with your employer, defense attorneys, and other parties on your behalf
Prepare to represent you during mediation, arbitration, or at trial if settlement negotiations aren’t successful

Unfair treatment at work can touch every corner of your life. It can be a huge financial blow and cause considerable emotional distress. Our employment attorneys in Oakland, California, are ready to stand up and fight to make things better for you.

$23.5 Million

Settlement won for government fraud in a whistleblower case against one of the world’s largest medical device manufacturers

$240 Million

Settlement in a nationwide defective medical device case involving defective pacemakers and cardiac defibrillators against Boston Scientific and Guidant

Arrange a free consultation with a trusted Oakland employment lawyer

You’ll have a limited amount of time to file an employment claim in Oakland, CA. Depending on the grounds of your claim, you’ll generally have between three and four years to take action. Once time runs out, so does your opportunity to hold your employer accountable for the harm they’ve caused.

Put our award-winning Oakland employment lawyers in your corner. We have the experience, resources, and reputation you’ll need to make an impact and get the results you deserve. We offer a free, no-obligation case evaluation, so call our Oakland law office to schedule yours today.

Testimonials

This is a family owned business and extremely friendly. The whole crew is very profession and reputable. They are highly knowledgeable in their trade and bring a top level of expertise to any inquiry. I would highly recommend this Law firm. These are wonderful people and they will help you get the justice you deserve.

The staff are professional, responsive, and passionate about their clients. Highly recommend this law firm.

There's this thing about lawyers ... they often forget the first word in their title, Counselor at Law. Well, Margo Cutter practices the full spectrum of her profession. Though she has not represented me in litigation, I have benefited from her kind support and sound counsel regarding a traumatic injury I sustained due the negligence of others and the subsequent unbearable pursuit for justice. Thank you, Margo.

Their people were professional, thorough, and expressed true consideration in their deliverance. I highly recommend them to anyone.

CL took on my personal injury injury case without me needing to put in a retainer fee all while making sure I was prepared and on time for my court dates. You can always try submitting a case evaluation to see if they are the right attorneys for you before committing.

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Our Office Location

1999 Harrison Street Suite 1400
Oakland, CA 94612
Phone: 510-281-5881