In Orange County, the job market is teeming with a mix of hourly workers, tech professionals, healthcare staff, service industry employees, and corporate teams. It’s a county where long commutes and long hours are the norm, and naturally, overtime is common. But here’s the problem: not everyone is getting paid for that overtime, and many don’t even realize they’re being shortchanged.
If you’ve seen any of these tactics at your job here in Orange County, don’t assume it’s normal or that you can’t challenge it. Wage theft is a violation of federal law, and there are clear paths to file a claim and recover what you’re owed.
You don’t need to confront your employer directly. You can consult an Orange County overtime attorney who understands the details of FLSA violations and can help you build your case.
Now, here’s exactly how some employers manage to deny workers their rightful overtime pay, how they get away with it, and what you can do about it.
Misclassifying Employees as Exempt
A huge number of workers are told that because they’re salaried, they don’t qualify for overtime. That’s a half-truth at best. Salaried doesn’t automatically mean exempt from overtime.
Under the Fair Labor Standards Act (FLSA), what actually matters is your job duties and your weekly salary, not just your job title or the fact that you get paid a flat amount.
Here’s what employers do:
- They give you a title like manager or supervisor, even though you’re doing the same job as everyone else.
- They might claim your role is administrative or executive without meeting the legal definitions required for exemption.
- They count on the fact that you don’t know the rules and won’t challenge their decision.
Let’s say you’re stocking shelves, managing no one, and earning less than $684/week. You are not exempt, regardless of your job title. And if you’re working over 40 hours, you’re legally owed 1.5 times your rate for every extra hour.
Improper Classification as Independent Contractors
Employers sometimes call their workers independent contractors to get out of paying for benefits, taxes, and, yes, overtime. But the label alone doesn’t decide your status.
If your employer:
- Set your schedule.
- Provides the equipment or tools you use,
- Closely supervises how and when you do your work
Then you’re very likely an employee, not an independent contractor. And if that’s the case, you’re entitled to overtime pay. Misclassification like this is common, and it’s costing workers thousands of dollars in unpaid wages.
Off-the-Clock Work
If you’re doing anything job-related outside of your scheduled hours without being paid for it, that’s off-the-clock work. And it’s illegal when it isn’t counted toward your hours.
Examples include:
- Showing up early to set up or change into a uniform
- Staying after hours to clean up or close the shop
- Attending unpaid training sessions or meetings
- Answering work calls or emails from home
Manipulating Time Records
Some employers take it even further by falsifying time records. This is not just unethical. It’s illegal.
Here’s how they do it:
- They round down your clock-in and clock-out times.
- Automatically deduct lunch breaks even if you worked through them.
- Edit your hours after you submit your timesheet.
You could be working 42 hours a week but only getting paid for 39. If you’re not keeping your own records, this kind of theft can go unnoticed for months. Every minute you work counts. And every minute you work should be paid.
Miscalculating the Regular Rate of Pay
Overtime is not just about your base hourly wage. If you receive non-discretionary bonuses, commissions, or shift differentials, they need to be included in your regular rate before overtime is calculated.
Example:
- Base rate: $15/hour
- Weekly performance bonus: $100
If you worked 45 hours, your employer must calculate overtime based on an adjusted rate that includes that $100 bonus. If they don’t, you’re losing part of your legally earned wage.
This is one of those behind-the-scenes tricks most employees wouldn’t catch unless they were actively looking. But it adds up quickly.
Final Thoughts
If you’re in doubt, take action. At the very least, start tracking your own hours. Compare them to your pay stubs. Look out for misclassifications. And don’t assume that just because you’re salaried, you’re not entitled to more.
