# Overtime Rules, Overtime Settlements, Sue For Overtime > If you do not earn twice minimum wage you are not exempt from overtime. Otherwise employers must prove the exemption exists. Source: https://bakersfieldlaborattorney.com/overtime-exemptions/ Firm: Employment Lawyers Group — employee-side employment lawyers since 1993. Serving Kern County, California. Phone: (661) 412-9600 (calling is the fastest way to reach the legal team) Office: 5401 Business Park S, #214, Bakersfield, CA 93309 Contact form: https://bakersfieldlaborattorney.com/contact/ Consultations are free and confidential; cases are taken on contingency. --- Exempt employees are not entitled to [overtime](https://bakersfieldlaborattorney.com/overtime-lawyer/) or double time. Nor are the meal and [rest breaks laws](https://bakersfieldlaborattorney.com/lunch-break-law/) applicable to exempt employees. The law has certain categories of exemptions. Both the California Department of Labor Standards Enforcement (DLSE) and the United States Labor Commission have prescribed rules as to what types of employees are exempt from overtime and double time, and why. It is a bad idea for non-lawyers to read about these exemptions and assume they know the law. While it is obvious certain professions that are listed out are exempt, properly interpreting this law is difficult. In fact, there may not be a straight forward answer. Determinations whether somebody is exempt under a certain job classification may be fact specific based upon the specific job duties of the employee and how long they take. CALL [(661) 412-9600](tel:6614129600) TO TALK TO AN EXPERIENCED WAGE LAWYER Three of the most common exemptions are the [administrative](https://employeelawca.com/administrative-exemption/), [professional](https://worklawyerca.com/professional-exemption/), and executive exemptions. All three of these exemptions require that the employee be paid twice the applicable minimum wage. [Minimum wage](https://employeelawca.com/los-angeles-class-action-lawyer/) is set by cities, counties, special districts such as hotel districts by an airport, and the state. In order to know if an employee is paid enough to be exempt, the applicable minimum wage for the locality has to be cross referenced. Employees who do not earn twice minimum wage are not going to be exempt. But what if they are one of the jobs specifically enumerated as being exempt? This is where it is essential to speak to a qualified wage and hour lawyer at [(661) 412-9600](tel:6614129600). ## OVERTIME SETTLEMENTS The value of an employee's overtime case depends on how much they earned. It also depends on how many overtime hours they worked, and whether any of the hours should be paid as double time. The longer the situation goes on, the greater the damages. Overtime lawsuits involve claims for prejudgment interest. The interest due on overtime and double time can be substantial. In order to properly figure out how much overtime is due an overtime lawyer has to go through the paystubs of the employee, their time records, their estimates of how much they worked if it was not properly recorded, and make a number of calculations. Lawyers do not perform these services for free while somebody is calling in to see if they have a new case. This kind of work takes hours if not days, and should be done once all available records are with the wage and hour lawyer. Although not a guarantee nor prediction of the results on any particular case, The Employment Lawyers Group has achieved the following settlements for overtime: - Some of our more notable CFRA/FMLA cases include: - $800,000 for eight employees mis-classified as independent contractors who worked daily overtime and double time as well as many consecutive days of work without a day off - $350,000 for an employee who was mis-classified as an independent contractor part of the time, but later was not paid overtime for being on-call - $305,000 for two hospital communication employees who were not properly paid overtime and double time when they were on-call - $275,000 for two broadcast employees who were not properly paid overtime and double time when they were on-call - More than $100,000 for an employee mis-classified as non-exempt As you can see, the larger cases involve multiple employees who were not paid overtime. They also involve situations where the overtime and double time is owed because it was not paid at all such as on-call standby pay. Smaller overtime cases may be ripe for negotiation. Moralistic employees might want to be class representatives in a case on behalf of all of the employees who were not paid overtime. Call [(661) 412-9600](tel:6614129600) to start your overtime/double time lawsuit ## Our Firm: No Upfront Fees or Costs ### Contingency Fee Representation All employment cases for employees are taken on a **contingency basis**. We are only paid a fee **when and if we win** your case, and we **advance all litigation costs**. Our goal is to make expert legal representation accessible to every hardworking employee. ### Serving Kern County We have proudly served all of Kern County since 1993. Ready to discuss your case? (661) 412-9600 Submit A Contact Form The Employment Lawyers Group has successfully handled 2,000+ Separate California Employment Cases ## Media Engagements ## Sample Case Results breach of commission contract $1,150,000 Unpaid commissions of two plaintiffs unpaid wages $875,000 For 4 oil field service industry workers whose times worked were not recorded on timesheets and were on-call forced to work without pay standby pay case $800,000 Controlled stand by class action settlement Disclaimer: These results are based on the facts of these specific cases and do not guarantee or predict a similar result in any future case. ## Practice Areas [Discrimination Age, Disability, FMLA/CFRA, Gender, National Origin, Pregnancy, Race, and Sexual Orientation discrimination claims.](https://bakersfieldlaborattorney.com/discrimination/) [Unpaid Wages & Overtime Recovering earnings for overtime, bonuses, commissions, meal & rest break violations, and prevailing wage claims.](https://bakersfieldlaborattorney.com/unpaid-wages/) [Sexual Harassment Compassionate and effective representation for sexual harassment and hostile work environment claims.](https://bakersfieldlaborattorney.com/sexual-harassment/) [Wrongful Termination Representing employees terminated in violation of public policy, contracts, or California and federal law.](https://bakersfieldlaborattorney.com/wrongful-termination/) [Leaves & Retaliation Protecting employees who face adverse actions after reporting illegal activity or taking protected medical leave.](https://bakersfieldlaborattorney.com/leaves-of-absence/) [Whistleblowers Advocating for employees who report fraud, waste, or abuse under California and federal whistleblower protection laws.](https://bakersfieldlaborattorney.com/whistle-blower/) ## Our California Locations ### Bakersfield [BakersfieldLaborAttorney.com](https://bakersfieldlaborattorney.com) 5401 Business Park S, #214, Bakersfield CA 93309 [(661) 412-9600](tel:6614129600) ### Los Angeles [EmployeeLawCA.com](https://employeelawca.com/) 611 Wilshire Blvd, #1023, Los Angeles CA 90017 [(323) 525-1600](tel:3235251600) ### Orange County [WorkLawyerOC.com](https://worklawyeroc.com) 2522 Chambers Rd, #100, Tustin CA 92780 [(714) 210-8000](tel:7142108000) ### Riverside [RiversideEmploymentLawyer.com](https://riversideemploymentlawyer.com) 9496 Magnolia Ave, #208, Riverside CA 92503 [(951) 367-1000](tel:9513671000) ### Sacramento [SacramentoLaborAttorney.com](https://sacramentolaborattorney.com) 777 Campus Commons Rd, #200, Sacramento CA 95825 [(916) 340-0000](tel:9163400000) ### San Bernardino [EmploymentAttorneySanBernardino.com](https://employmentattorneysanbernardino.com) 337 N. Vineyard Ave, #400, Ontario CA 91764 [(909) 663-2100](tel:9096632100) ### San Diego [SanDiegoEmployeeLawyer.com](https://sandiegoemployeelawyer.com) 330 "A" St, #60, San Diego CA 92101 [(619) 320-3000](tel:6193203000) ### San Francisco / Bay Area [BayAreaEmploymentAttorney.net](https://bayareaemploymentattorney.net) 524 Union St, #400, San Francisco CA 94133 [(877) 525-0700](tel:8775250700) ### San Jose / Silicon Valley [SiValleyLaborLawyer.com](https://sivalleylaborlawyer.com) 111 N. Market St, #300, San Jose CA 95113 [(877) 525-0700](tel:8775250700) ### Sherman Oaks [WorkLawyerCA.com](https://worklawyerca.com) 13418 Ventura Blvd, Sherman Oaks CA 91423 [(818) 783-7300](tel:8187837300) ### Torrance / South Bay [JobTerminationLaw.com](https://jobterminationlaw.com/) 3655 Torrance Blvd, 3rd Floor, Torrance CA 90503 [(310) 842-8600](tel:3108428600) ### Ventura / Oxnard [VenturaEmploymentLawyer.com](https://venturaemploymentlawyer.com) 4030 West Hemlock St, Oxnard CA 93035 [(805) 200-0100](tel:8052000100) ### Additional Sites [BostonLaborLaw.com](https://bostonlaborlaw.com) [DcLaborAttorney.com](https://dclaborattorney.com) [FresnoEmployeeLawyer.com](https://fresnoemployeelawyer.com) [JobLawyer.net](https://joblawyer.net) [MarylandLaborAttorney.com](https://marylandlaborattorney.com/) [ModemStud.com](https://modemstud.com) [VintageLosAngeles.org](https://vintagelosangeles.org) [WorkplaceLawyer.org](https://workplacelawyer.org) ## About Firm Founder, Karl Gerber Firm Founder, **Karl Gerber**, has been an employment and wrongful termination attorney since **1993**. He has represented a wide range of employees throughout California. Mr. Gerber has won **51 of the binding arbitrations and jury trials** he first chaired, and a number of his appeals are published. This deep trial experience is the foundation of the firm's strategic approach to litigation. The employment attorneys employed by the Employment Lawyers Group have worked at the firm well in excess of five years, have also tried many different labor cases, and have all been **extensively trained on employment and wrongful termination law by Karl Gerber**. [Meet Karl Gerber](https://bakersfieldlaborattorney.com/karl-gerber/) ## Ready to Discuss Your Case? Your rights as an employee matter. Submit a contact form and we'll get back to you. Submit A Contact Form [Call (661) 412-9600 Now](tel:6614129600)