San Diego Unpaid Overtime

San Diego, California Unpaid Overtime Lawyers

If you work overtime, you should be paid for it. Many think that if you are paid a salary, you are not entitled to overtime pay. In California, this is not necessarily true; in fact, it is a major misconception among both employees and employers.

Pursuant to California overtime laws, all employees are entitled to overtime compensation for any hours worked in excess of 8 hours per day or 40 hours per week. The only exemptions to this is for jobs classified as administrative, executive or professional.

Your employer might not be straight with you about wage laws and how they apply to your overtime work; come instead to a free initial consultation with the San Diego-based employment law attorneys of Emge & Associates. We can help you navigate the rules and can handle any unpaid overtime disputes that arise.

Businesses can be creative in finding ways to justify an unpaid overtime. Some tactics are:

• The misclassification of an employee as "exempt" from overtime
• Not adding together hours worked in two locations (for example, two stores in the same company or two different departments in an organization)
• Not counting required work time that occurs just before or after clocking in
• Not providing or expecting an employee to work through meal breaks or rest periods
• Calculating overtime by hours worked over longer than a one-week period
• Implementing a system of "comp time" to offset days where more than 8 hours were worked

At Emge & Associates, our California employment lawyers have successfully represented many individuals and groups of employees in employee class action lawsuits involving unpaid overtime and other related issues. In our experience, when an employee is victimized by violations of federal or California overtime laws, many other employees are probably having the same problem. When many employees are suffering from the same policy, a class action lawsuit with an unfair business practices claim may be able to enjoin the practice and obtain compensation for all employees.

Contact our lawyers in San Diego today and set up a free consultation regarding overtime law or a failure to pay. Please know that undocumented immigrants are still protected. To speed up the process, you can fill out our employment law intake form.