San Diego Unpaid Overtime Lawyer

San Diego Unpaid Overtime Lawyer

Unpaid Overtime Attorney in San Diego, CA

Every San Diegan deserves to enjoy employment in a work environment where expectations are clear and where they are paid adequately for their regular and overtime wages. Unpaid labor is a breach of human rights, and you are entitled to file unpaid wage claims to receive compensation for all of the hours you have worked.

At The Law Office of Frank S. Clowney III, our experienced and knowledgeable San Diego employment lawyers are here to fight for the rights and protections of hard-working employees. We’ll help you get the recognition and wages you deserve.

Is Overtime Pay Protected by Law in California?

Overtime pay is required by law in California. Under California state labor laws, most employees are entitled to overtime pay if they work more than eight hours in a single workday, more than 40 hours in a workweek, or more than six days in a workweek.

Employees who are eligible for overtime pay must be paid at a rate of one and a half times their regular rate of pay for all hours worked over eight hours in a single workday, over 40 hours in a workweek, or over six days in a workweek. There are some exceptions to this rule, including for certain salaried employees and independent contractors.

Experienced San Diego, CA 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.

Who Is Eligible For Overtime Pay In California?

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 San Diego 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 the trial courts, the Department of Labor Standards Enforcement (DLSE) of the California Labor Commissioner, the Department of Labor, and through direct negotiation with employers.

Can an Employer Force Staff to Work Overtime?

In California, it is generally legal for an employer to require employees to work overtime, as long as the employee is eligible for overtime pay and is paid at the required overtime rate for the hours worked.

However, employers are required to give non-exempt employees (i.e., those who are eligible for overtime pay) a meal period of at least 30 minutes if they are working for more than five hours in a workday. Also, they must provide a second meal period of at least 30 minutes if the employee works over 10 hours in a workday. Employers must also provide employees with a 10-minute rest break for every four hours of work.

Employers are required to obtain the consent of employees before requiring them to work overtime. If an employee has already worked the maximum number of overtime hours allowed by law, the employer cannot require the employee to work additional overtime hours without the employee’s consent.

If you have concerns about being required to work overtime, you want to understand your rights. If necessary a well-trusted employment law firm can help you raise any issues with your employer or government agency.

What Happens to California Employers That Don’t Pay Overtime?

Employers that do not pay their employees may be required to pay the unpaid overtime to the affected employees, along with any applicable interest. This can be a significant financial burden for the employer, especially if unpaid overtime is discovered to have been a widespread or longstanding problem.

In addition to financial penalties, employers that fail to pay overtime may also face legal action, such as a claim brought by the affected employees or by government agencies. If found guilty, the employer may be required to pay additional damages or penalties.

Employers that are found to have intentionally or repeatedly violated overtime laws may also face additional consequences, such as fines, damages, and other penalties. In some cases, the employer may even face criminal charges.

Call Our San Diego Unpaid Overtime Attorney To Find Out If You Are Owed Overtime Compensation

With more than 40 years of legal experience, I understand state and federal employment laws deeply. I can help you find out if you are eligible for backpay. Call 619-557-0458 to reach me today or send an email to arrange an appointment at my office in San Diego.

San Diego Employment Attorney

Employment law


Personal Injury Attorney San Diego

Personal Injury


San Diego Maritime Law Attorney

Maritime law


San Diego Age Discrimination Lawyer

Age Discrimination law


San Diego Disability Discrimination Lawyer

Disability Discrimination law


San Diego Pregnancy Discrimination Lawyer

Pregnancy Discrimination law


Client Testimonials