San Diego Unpaid Wage Lawyer

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CALIFORNIASAN DIEGO UNPAID WAGES LAWYER

Seeking a San Diego unpaid wages lawyer? You probably are having an issue getting compensation from your employer. At Mara Law, we’re familiar with the complex dynamics of employment law in San Diego, CA, and we are here to make sure that your rights are preserved under California labor laws.

How Our San Diego Unpaid Wages Lawyers Can Assist You with Wage Claims

Our team is committed to guiding workers through the complex process of wage recovery, whether it be issues of unpaid overtime, violations of minimum wage laws, or improper meal and rest breaks. We are here to assist you in all manners so that you can get what rightfully belongs to you. We believe in prioritizing your claims, gathering evidence, and representing you to achieve the best possible results.

Overview of San Diego Wage & Hour Laws

California boasts some of the nation’s strongest wage and hour laws, designed to protect workers from exploitation. These laws mandate proper payment for all hours worked, including overtime and penalties for violations. For instance, the California Labor Code mandates that employees be paid at least the minimum state wage and be provided with appropriate rest periods during the workday. 

Understanding Unpaid Overtime Laws

California law also entitles laborers to overtime pay for labor that exceeds eight hours in a day and over 40 hours in one week. One and one-half times the regular hour wage is what an employer must pay for overtime work, and it can become double pay for excessive work overtime. Of course, failure to do so is a violation of laws. 

Minimum Wage Violations and Employer Obligations

San Diego employers are required to pay a minimum wage that often surpasses the federal minimum wage. Employees are considered in violation when they are paid less than the minimum or their wages are unlawfully deducted below the minimum. To avoid fines, employers must maintain accurate payroll records on file. 

Meal and Rest Break Violations

California law entitled employees to meal breaks clear from interruption for every five hours worked and rest breaks for every four hours. When employers do not provide these breaks, or require employees to work during their breaks, they violate wage and hour laws directly. These violations typically involve claims for additional damages on behalf of the employee. 

Employee Misclassification and Wage Violations

Misclassifying employees as independent contractors or exempt workers can amount to the non-payment of wages. The practice most often bilks workers of overtime and other protections. California’s AB-5 law delineates strict criteria for classification to protect against such abuses. 

Common Types of Wage Violations in San Diego

The violations of wages are in so many shapes and forms, from failure to pay wages on time by the employer, to have employees work off the clock before or after a shift and not paying them, unauthorized wage deduction for uniforms or other such expenses to failure to give reimbursement of employees’ out-of-pocket expenses arising out of performance of duties including mileage expenses or equipment.

Steps to Recover Unpaid Wages in San Diego

Recovering of wages requires several steps:

  1. Record keeping: Keep all working hours and pay records, as well as communication with the employer.
  2. Filing a Complaint: A complaint has to be filed against the violation at the California Labor Commissioner’s Office.
  3. Seek legal consultation: An experienced wage attorney will guide you through the process, represent you, and act on your behalf. Employers who have been found violating labor wages in California could face serious penalties. On many occasions, a well-structured complaint will resolve without going to court.

PAGA Claims and Their Role in Recovering Damages

Under the Private Attorneys General Act, employees can file a representative lawsuit for violations of the Labor Code, as outlined under California Labor Code Sections 2698-2699.6.  PAGA claims allow workers to recover damages for unpaid wages and to hold employers responsible for pervasive misconduct. These claims serve as an important tool for employees who are faced with rampant violations in the workplace. By bringing a PAGA action, you recover your damages and contribute to larger reforms in the company.

Compensation You Can Expect in a San Diego Wage Claim

Recovery for wage claims includes:

  • Back pay for hours or overtime not paid.
  • Interest and penalties for delay in payment.
  • Attorney’s fees incurred in the claim process.

Labor laws in California award an employee for wages owed, plus penalties against the employer. Punitive damages can be given on occasion to prevent this type of case from happening again. 

Get Legal Help from a San Diego Unpaid Wages Lawyer Today

California Employment Law Attorney David Mara

 

Contact Mara Law on 2650 Camino Del Rio North, Suite #302, San Diego, 92108, or call 619-234-2833. Their attorneys, experienced as California Unpaid Wages Lawyers, will support you to know your rights and receive your rightful compensation amount. Don’t let any kind of wage violation go uncompensated; rather, approach them today to restore what’s rightfully yours.

 

Practice Areas We Manage in San Diego:

 

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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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