San Diego Unpaid Overtime Lawyer
Employees must be paid at overtime rates when working more than eight hours in a day or 40 hours in a week. This is according to both California law and the federal Fair Labor Standards Act (FLSA). There are limited exceptions to these laws that primarily apply to upper management and certain professionals who may be considered exempt from overtime.
Many employees incorrectly believe that they are not entitled to overtime pay because they are paid a salary or have the title of manager. Some of these salaried employees are being forced to work excessive hours that prevent them from spending time with their families without any additional compensation. Some employers force employees to work off the clock without paying for the extra time worked.
The truth is that salaries do not matter and titles do not matter. The fact that your employer tells you that you are exempt from overtime does not matter. Calling the employee an independent contractor may not matter. A skilled wage and hour lawyer can review your actual job duties and work hours and determine whether you have been wrongfully denied overtime pay.
Overtime is paid at either time and a half or double time rates. Penalties, interest and attorney fees may also be recovered from the employer. I have had repeated success obtaining compensation for workers who have been wrongfully denied overtime pay. At The Law Office of Frank S. Clowney III, I work through both the trial courts, the Department of Labor Standards Enforcement (DLSE) of California Labor Commissioner, the Department of Labor and through direct negotiation with employers.