Wage and Hour

San Diego Employment Attorney

Are you getting all the rest and meal breaks you are entitled to by law? Are you misclassified as "exempt" and should you receive overtime pay?

The Law Office of Frank S. Clowney III, in San Diego, has advocated for employees' rights to meal breaks and overtime wages since 1990. Our employment attorney is dedicated to resolving pay issues and advising clients about required meal breaks and overtime pay.

Overtime Pay

We commonly find that an employee has been misclassified as exempt, either by ignorance or by design. Employers may call employees independent contractors to avoid overtime pay. They might give a grand-sounding title - like manager - and exempt status to an employee whom really does the same job as hourly workers.

Hours worked in excess of eight in a day or forty in a week must be paid at overtime rates. Double time rates apply in certain situations.

Our employment attorney, Frank S. Clowney III, has great success in identifying which workers are legitimate, non-exempt employees, not independent contractors or actual managers. We look at the specific nature of the work done and the time spent. We are able to get employees' pay issues resolved and restore to them a sense of fairness.

Meal and Rest Breaks

In California, you are entitled to a 30-minute meal period per 5 hours of work. This time must be "unencumbered", or time free from your duties, or you should be paid plus the penalty. You are also permitted one 10-minute rest breaks for every 4 hours worked. Breaks increase as you work overtime.

You may be frustrated by your inability to collect overtime pay and your home life may be suffering. We try to put ourselves in your situation and experience it through your eyes. Our lawyer stresses the importance of personal attention because it takes a lot of time and effort to determine what is best in your particular situation.

Contact our California Overtime Pay and Employment Attorney

Contact the Law Office of Frank S. Clowney III for advice about whether you are entitled to overtime and meal breaks. We can be reached by phone at 619.618.2419, by E-mail, or through our intake form on the Contact Us page.