Wage And Hour Claims

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, based in San Diego, has advocated for employees’ rights to meal breaks and overtime wages since 1990. I am dedicated to resolving pay issues and advising clients about their required meal breaks and overtime pay. Call me for a free phone consultation to get advice for your specific situation.

Employers Must Respect Meal And Rest Breaks

In California, you are entitled to a 30-minute meal period per five 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 break for every four hours worked. Breaks increase as you work overtime.

However, some employers may have an incentive to push workers to work longer with fewer breaks. If your employer denies you the uninterrupted break time that you deserve by law, I can step in to hold them accountable. I will be professional, respectful and committed when standing up for your rights.

Balance The Scales For Unpaid Overtime

Hours worked in excess of eight in a day or 40 in a week must be paid at overtime rates. Double time rates apply in certain situations. Certain types of workers are exempt from overtime pay. 

However, employers often misclassify workers 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 pair it with exempt status to an employee who really does the same job as hourly workers. 

In many unpaid overtime cases, I have been able to identify which workers are legitimate nonexempt employees rather than independent contractors or actual managers. I will look at the specific nature of the work you do and the time you spent on extra work. I can work hard to resolve your pay issues and restore fairness.

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

Contact An Experienced Employment Law Attorney

Contact The Law Office of Frank S. Clowney III for advice about your rights regarding overtime and meal breaks. I can be reached by phone at 619-618-2419.