California Overtime: Advice from a Lawyer

April 5, 2006, 12:00AM. By Jane Mundy

Are you owed overtime? If so, take this advice from Todd Schneider, California employment lawyer: Keep track of the hours you work and let your employer know if you are owed overtime. If your employer refuses to pay, contact a lawyer. And remember, never sleep on your rights.

"California is more protective of its workers than any other state in the union," says Schneider. "It will likely stay this way; people should be protected from working long hours.

Q: Why do companies and corporations continue to break the law?

They either think they aren't going to get caught or they don't understand the laws.

Q: How can an enormous corporation such as Wal-Mart not know employment regulations in California?

California law is different than nationwide and federal law. Multi-state companies often base their pay policies on federal law. Wal-Mart is a good example. It just got hit with over $100 million for meal break violations - a law idiosyncratic to California. Federal law again, is different.

Q: To your knowledge, are many companies attempting to "get away with it"?

We currently have many cases against various companies. For example, we just resolved a case against Sears. It was settled out of court (public record). We have had so many similar cases. Pending lawsuits are Robert Half & Associates law firm, Kaiser Foundation hospitals, Costco and AccentCare, just to name a few. I wouldn't take on the case if it didn't have merit, i.e. the judgement favorable to the plaintiffs. I assume every case is going to trial and I will litigate them when they do so.

Q: Do you only practice employment law?

My practice has an emphasis on employment law. I was licensed on June 8th, 1992 and I have been involved in thousands of employment cases. Not all of them are wage and hour cases; but there are a lot of them out there. I also have several employment race discrimination cases pending.