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If you feel that you have been denied rightful overtime pay, a San Diego overtime lawyer at Mara Law Firm can help you recover your earnings and make sure that the employment laws of California are followed. Our firm focuses on representing employees who have been subjected to unfair wage practices. In this article, we will discuss your rights and the legal options available to you in San Diego, CA.
An unpaid overtime lawyer is important in helping you get the compensation you deserve. From evidence of wage discrepancies to negotiation with the employer, legal counsel will ease the process of making a claim. They know employment law inside and out and can find violations, including incorrect pay rates, unpaid hours, or misclassifying employment status. Having an expert on your side means you’ll have someone who can effectively navigate California’s labor laws and ensure employers meet their obligations. For example, the City of San Diego outlines clear wage regulations in its Administrative Regulations, specifically Section AR 95.01, which defines policies around compensation, overtime, and employer responsibilities.
The Wage and Hour Law of San Diego sets definite parameters regarding overtime pay, minimum wages, and the protection of employees. California law provides that non-exempt employees are entitled to overtime if they work more than eight hours a day or 40 hours a week. While San Diego adheres to the state law, there are also local ordinances for the security of workers. Employers are supposed to follow not only state labor laws but also city-level ones, providing transparency in wage calculation. If an employer fails to pay overtime or provide appropriate wage statements, then he or she could be in violation of the California Labor Code. The Workplace Justice unit of the San Diego County District Attorney’s Office investigates and prosecutes cases of wage theft under California Labor Code Section 558.1 to hold employers liable for back wages and penalties.
Your overtime is paid based on your regular rate of pay, including commissions, bonuses, or other forms of earning. California’s labor law defines “regular pay” to encompass all forms of compensation an employee receives, making it vital for an employer to make the correct calculation of your wages. For instance, if you get paid $20 per hour and have other commissionable wages in that week of $100, then your regular rate of pay would include those wages to be considered regular rate of pay. Overtime, being 1.5 times the regular rate, will then be computed basing on this revised figure. These minute details help you see how the difference in pay arises.
Yes, you do have a right to overtime pay for working more than eight hours per day or 40 per week, provided you are classified as a non-exempt employee. California’s labor laws are some of the most protective in the nation, though many employees have no idea what their rights are under the law. Sometimes employers misclassify workers as exempt to avoid paying overtime. If you believe you have been misclassified, you may want to consult with an attorney. Some local groups, such as the CPI in San Diego, have waged a campaign to end wage theft and provide additional resources for workers experiencing pay disputes.
Filing an overtime claim requires orderliness and a good understanding of how the process will be done. First, gather all the documents that may link to the case, such as pay stubs, time sheets, and employment contracts. This is evidence showing your hours worked and wages owed. Next, file a complaint with California’s Division of Labor Standards Enforcement (DLSE). This agency oversees wage claims and will investigate your case. Legal counsel can help ensure your claim is detailed and comprehensive, maximizing your chances of recovering lost wages.
You may be entitled to recover unpaid wages, interest, penalties, and attorney’s fees in an overtime claim. California’s labor laws are some of the most protective over employees that have been the victim of wage theft and violations of overtime. For instance, if an employer willfully denied a worker overtime wages, he or she must pay double damages: the amount owed plus an equal amount as a penalty. In addition, there may be civil penalties for not following wage reporting laws. These laws discourage employers from taking advantage of workers.
Whether it’s a wage dispute or a case of unpaid overtime, Mara Law can represent you. Our experienced California Overtime attorneys in labor law will do all they can to protect employee rights and fair treatment in the workplace. Call today for your consultation and take the first step towards resolving your wage concerns.
This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by attorney David Mara who has more than 20 years of legal experience in employment law.
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