San Diego, CA Wage & Hour Lawyers

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If you work in San Diego County, and your employer hasn’t paid you the amount you deserve under law, our experienced attorneys will stand up for your rights!

‍There are numerous labor laws in place – both in our state and at a national level – that lay out clearly how much employees should be paid for the time they work. Unfortunately, employers frequently underpay their employees. Whether that is because they have innocently misunderstood the laws or because they have intentionally taken advantage of their employees, it is unfair to the employee in either case. Employees deserve to be rightfully compensated for every hour they spend working! However, recovering fair compensation is easier said than done.

Most employers will deny an employee’s request for back pay and also deny that they did anything wrong. Because employers hold the power in the relationship, if you suspect that you may be a victim of wage theft, you need to enlist the help of a legal advocate who can protect your rights and fight to win the wages you should have been paid in the first place! The San Diego wage & hour lawyers at Southern California Attorneys, A.P.C., will give you the legal support you need to stand up for justice. Even if you are an immigrant without papers, or you don’t think that you will have the money to hire a law firm, our lawyers can still help you. Call today to schedule a complimentary, confidential consultation with our law office!

How can you tell if you are a victim of wage theft?

Wage theft comes in many forms. In San Diego, there are various ways employers can underpay their employees; a few of the most common types of wage theft in this area include….

Misclassifying workers

Employees can be classified as “exempt” or “non-exempt” depending on the type of work they do and how they are paid. While it is more complicated than simply equating them to “salaried” (exempt” and “hourly” (non-exempt), that is a good starting point for understanding the differences. Non-exempt employees are offered more protections under the law and to overtime pay. However, employers may classify non-exempt workers as exempt employees in order to avoid having to pay them for overtime and for other benefits.

Failing to pay the correct minimum wage

The federal minimum wage in 2022 is $7.25, but California’s minimum wage increased in 2022 to $15 for large businesses (26 employees or more) and $14 for small businesses (25 employees or fewer). In San Diego County, the minimum wage increased in 2022 to $15.00, regardless of the size of the business. According to labor laws, employees are supposed to be paid the highest minimum wage that applies to the area where they work. This means that if you are a non-exempt employee working out of San Diego, you should be paid $15.00 for every single hour that you work – not $14 or $7.25. Especially because this new minimum wage went into effect recently, many San Diego employees aren’t making the right amount!

Failing to pay the correct overtime rate, or pay for overtime at all

Non-exempt San Diego employees have the right to be paid a “time-and-a-half” (50% of their regular hourly pay on top of their regular hourly pay) for any hours worked past 8 hours a day, 40 hours in a week, or for the first 8 hours on their 7th consecutive workday. They have the right to be paid “double time” (twice their regular hourly pay) for any hours worked past 12 hours a day, or for any hours past those first 8 on their 7th consecutive workday. Understanding and calculating these pay rates can be confusing and complex, but this is part of an employer’s job; they need to ensure that they are paying employees correctly for overtime.

Forcing employees to share tips with management/docking an employee’s hourly wage based on tips earned

Just because employees make tips does not mean that they don’t still have the right to be paid a minimum wage. Their pay cannot be lowered to an amount below the minimum wage, even if they will make much more than minimum wage once additional tips are factored in. In San Diego, employees get to make $15 plus any tips they earn. Employers also cannot lower their pay to account for credit card processing fees, and cannot force employees to share tips with management.

Why should you work with our San Diego wage & hour lawyers?

Wage theft is just that – theft. It’s a serious issue that can affect your and your family’s current financial stability, ability to seize financial opportunities, and future ability to advance socioeconomically. That’s unjust, and you deserve justice! Many wronged employees are afraid to speak with a lawyer about their situation because they either worry they will be fired when their employer finds out, worry they will be deported because they are undocumented, worry that hiring an attorney will be too expensive for them, or worry it will not be worth the hassle and cost. None of those fears should stop you from calling our award-winning law firm! Here’s why…

Employers are legally prohibited from retaliating in any way against employees who take legal action; you won’t lose your job. Undocumented employees have rights under the law and protection under attorney-client privilege; you won’t be deported. If you win your case, all of our legal fees will most likely be paid by your employer, and we do not charge clients anything upfront; you don’t have to worry about the cost of representation. Employees who suspect they are being underpaid are probably being cheated out of more than they realize. Because our law firm handles everything for you and has a winning track record of recovering significant compensation, It is worth it to have a conversation with us and discuss how much your case is truly worth!

About our law firm

‍Southern California Attorneys, A.P.C., is on your side, and our firm is your top choice for quality legal representation! We have over 100 years of combined legal & trial experience on our attorney team. The Lawyers Of Distinction have included us in the top 10% of law firms in the United States. Our highly skilled, multilingual attorneys can fully explain your options, answer all of your questions, and pursue maximum compensation on your behalf! Call our San Diego wage & hour lawyers today to schedule a free, confidential consultation and learn more about what we can do for you.

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San Diego, CA Practice Areas

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