San Diego Wage and Overtime Lawyers
At the Law Offices of San Diego Employment Attorney Douglas F. Walters, we represent clients in a wide variety of employment disputes including those involving wage and overtime violations.
If your employer is refusing to compensate you in accordance with State & Federal Wage & Overtime Laws, contact our San Diego wage and overtime attorneys at (858) 623-5655 to schedule an appointment for a free consultation. We will meet with you and provide an honest and comprehensive case analysis.
As highly accomplished employment lawyers who have earned a reputation for excellence within the San Diego County legal community, Attorneys Doug Walters has championed employee rights for more than 40 years.
Some employers utilize a wide variety of underhanded tactics to avoid paying their employees all of the wages to which they are entitled. Our San Diego wage and overtime lawyers will review the circumstances of your case with you to determine the best course of action to take, and will fight for you to receive just compensation.
Wage & Overtime Representation in San Diego
The Fair Labor Standards Act (FLSA) and California Law set forth the guidelines that employers must follow with respect to employee compensation. Our San Diego employment lawyers have represented clients in a wide variety of wage and overtime matters, including those pertaining to the following:
Exempt (Salaried) vs. Non-Exempt (Wage) Status
Independent Contractor Misclassification
Meal & Rest Breaks
Minimum Wage Requirements
Unreimbursed Work Expenses
Working off the Clock
Under the law, all hourly (non-exempt) employees must be paid in accordance with minimum wage laws for all hours worked. Additionally, non-exempt employees are entitled to overtime pay at the following rates:
Time and a half for every hour worked in excess of 8 hours per shift
Double time for every hour worked in excess of 12 hours per shift
Time and a half for the first 8 hours worked on the seventh consecutive workday
Double time for every hour worked in excess of 8 hours on the seventh consecutive workday
Employees who regularly work alternate schedules such as four ten-hour days with three days off are only entitled to overtime when they work in excess of 40 hours in a work week. Employees who are entitled to overtime must be paid their overtime wages on their next payday. Failure to do so can result in fines and other disciplinary measures.
Exempt (salaried) employees are typically hired into positions that allow them to make independent decisions and exercise their discretion while performing their work duties. Employee misclassification takes place when a worker whose duties would not ordinarily qualify them for salaried status has been designated as exempt employee to prevent them from obtaining overtime.
Additionally, those who would typically be considered employees are often designated as independent contractors to deny them the right to receive regular employee benefits, unemployment benefits, paid vacation time, paid sick time, and overtime pay.
Employee and independent contractor misclassification is a serious violation of State and Federal Law. If you believe that your employer has misclassified your employment status, contact our San Diego employment law attorneys. Mr. Walters will fight for you to obtain the compensation that you would have received had you not been the victim of employee or independent contractor misclassification.
Upon termination of employment, the employer must immediately give the employee their final paycheck and the employee must be compensated for all unused vacation. Employees who quit without notice are entitled to receive their final paycheck within three days. Those who quit and provide at least three days’ notice must be given their final paycheck on their last day of work.
In addition to following State & Federal wage and overtime laws, employers must allow their employees to take the meal and rest breaks to which they are entitled based on the number of hours worked in a shift. Employers cannot ask employees to perform any work during their meal and rest breaks, and cannot prevent or dissuade employees from taking their meal or rest breaks. Doing so can result in fines for your employer and additional compensation for you.
Call our San Diego Wage and Overtime Attorneys Today
Whether your employer has committed a wage or overtime violation, prevented you from taking meal or rest breaks, or if you believe that you are the victim of employee or independent contractor misclassification, San Diego Wage and Overtime Lawyer Doug Walters will fight to recover damages and monetary compensation for these unlawful actions.
Contact us at (858) 623-5655 to schedule your free initial consultation. Or, connect with us online. We’ve been dedicated to the protection and preservation of employee’s rights for over 40 years. Let us put our experience to work for you!