Employment Law & Litigation
Wage & Hour Claims
California has some of the most stringent wage and hour laws in the country -- and employers are constantly violating them.
Common wage and hour violations include:
Failure to pay overtime
Failure to provide proper meal or rest breaks
Requiring employees to work off-the-clock
Improper paycheck deductions
Miscalculating wages for sales staff
Misclassification of employees as independent contractors
The Truth About Unpaid Overtime
A common misconception amongst both employers and employees is that salaried employees are never entitled to overtime pay. That is not necessarily true. In California, non-exempt employees are entitled to receive overtime at "time and a half" if they work more than 8 hours in a day or 40 hours in a week. Non-exempt employees that work more than 12 hours in a day are entitled to "double time," calculated as twice the rate of hourly pay or its equivalent.
Generally speaking, most employees in California are entitled to overtime, whether paid an hourly rate or a monthly salary. The test for whether an employee is exempt from overtime depends much more on the type of work being done than on the job title of the employee. Unfortunately, because so few people understand the law, misclassification of employees as exempt from overtime is rampant throughout the state.
Contact a San Diego Wage Violation Lawyer Today
Contact the Law Office of Zachary S. Schumacher to learn more about your rights and remedies under the law. The initial consultation is always free and will remain confidential. Many of our cases can be handled for little or no cost upfront, and we regularly take cases on a contingency basis, which means we get our attorney's fees as a percentage of the recovery when we win the case at trial or settlement.