Earning a living in our economy can be challenging, and many people must work multiple jobs or take on extra hours of overtime to get the money they need to get by.
Unfortunately, your situation can be strained further if your employer fails to pay you properly for additional work. If your rights were violated, a San Diego overtime violation lawyer can help.
At Omega Law Group Accident & Injury Attorneys, we have helped countless individuals whose rights were violated in the workplace stand up to their employers and fight for the compensation they deserve.
Contact us today to schedule a free consultation with one of our San Diego employment lawyers.
Overtime Pay in San Diego
In California, full-time employees typically qualify for pay above their usual rate when they work additional hours in a given day or week.
Conditions under which an employee qualifies for overtime pay include:
- Working more than eight hours in a workday for a single employer
- Working more than 40 hours in a workweek for a single employer
- Working for seven days in a single workweek for the same employer
If the worker qualifies for overtime pay, they should be paid at a rate of 1.5 times their regular hourly rate for all time worked in excess of the standard work schedule. Furthermore, if their hours exceed 12 in a single day (or eight hours on the seventh day of a workweek), the rate of pay increases to double their standard rate for all hours worked beyond the 12-hour mark.
Unfortunately, some employers attempt to avoid paying overtime to their employees while requiring them to work beyond their standard shift.
If your employer is trying to avoid paying you the money you are owed, reach out to an experienced San Diego overtime violation attorney today.
How Employers Try to Violate Overtime Rights
While some illegal activity by employers attempting to avoid paying fair wages for overtime work is clear, other violations are less obvious.
Additionally, some employers violate employment laws regarding overtime on purpose to attempt to cut costs, while others do so by accident because of poor practices regarding payroll or a misunderstanding of the relevant laws.
An experienced overtime violation attorney serving San Diego can help you identify whether your rights were violated and take legal action on your behalf. Some of the most common overtime violations include:
- Asking you to clock out but keep working without getting paid at all
- Paying you at the standard rate for work that should be paid at an overtime rate
- Averaging your hours across multiple weeks to avoid paying overtime for a single week
- Misclassifying you as exempt from overtime when you are not
What Our Overtime Violation Lawyers Serving San Diego Can Do to Help
At Omega Law Group, we know how challenging it can be to go up against your employer in pursuit of securing the money you have earned. You need to understand that you have protections against retaliation from your employer. They are legally barred from firing you or taking other punitive actions in response to pursuing the money you have earned.
When attempting to recover unpaid overtime wages, our experienced team can:
- Investigate your work history: We will review your work history and collect timesheets, pay stubs, schedules, internal emails, and statements from your co-workers to prove that you were not properly paid for the hours you worked.
- Calculate the amount you are owed: After gathering evidence to prove that you did not receive the correct amount for your wages that you were entitled to receive, we will calculate the full amount of the money you were not paid. This amount, combined with interest and penalties allowed under the law, will determine the money you can recover.
- Accurately file your claim: Your lawyer will review the details of your case to determine whether to submit a wage claim through the California Labor Commissioner or file a civil lawsuit in court.
- Represent you in any negotiations, hearings, or trials: We will serve as your advocate in any interactions with your employer and their legal representatives to help ensure the best possible outcome to your case.
Certain Workers Are at Greater Risk of Wage Theft
Some employees are more frequently targeted for wage theft than others, especially young workers and undocumented workers. Young employees are often less familiar with their legal rights, making them more vulnerable to being taken advantage of by employers.
Likewise, undocumented workers are frequently exploited by employers who assume these workers won’t report violations due to fear of immigration consequences.
However, it’s important to understand: California law protects your right to be paid fairly, regardless of your immigration status. If you’ve faced retaliation, such as termination, after reporting wage theft, a San Diego employment lawyer can help you file a wrongful termination claim.
Be Mindful of All Deadlines When Pursuing Compensation for Overtime Violations
Time limits apply to all wage theft claims. The statute of limitations for overtime violations in California is three years from the date of the violation or the date you noticed or should have reasonably noticed the violation. Missing a deadline could mean permanently giving up your right to pursue compensation.
Hiring an experienced San Diego wage theft lawyer early in the process can make all the difference. Your attorney will identify all relevant deadlines, determine whether any exceptions apply, and ensure that all necessary documents are filed on time.
Have you been involved
in an accident?
(310) 526-8383
Talk to an Overtime Violation Attorney in San Diego Today
If you’ve been a victim of unpaid overtime in San Diego, you don’t have to face the challenge of recovering your lost wages alone.
The legal team at Omega Law Group has the experience, resources, and determination to fight for the pay you’ve rightfully earned. We have recovered millions of dollars for those we represent.
Contact us today via our website or phone to schedule a free consultation with a member of our legal team. We’ll review your case, explain your options, and start working toward the outcome you deserve.
