San Diego Pay and Overtime Dispute Attorney



Welcome to the Jackson Law Firm. Fighting exclusively to protect the rights of employees throughout San Diego and all of the surrounding cities, our highly experienced Employment Attorneys have been successfully negotiating settlements and obtaining judgments on behalf of our clients for more than 40 years.

Whether your employer has denied you overtime, is taking your tips, refuses to pay you in a timely manner, or has committed any other violation of the law pertaining to pay and overtime, please contact one of our experienced and caring Employment Lawyers as soon as possible by calling (858) 552-4900 for a free telephonic consultation.

Most Employment Law matters are handled on contingency. Call for additional information and for a comprehensive case review. Depending on the complexity of your case, we may request that you come in for a free personal consultation. Evening and weekend appointments are available upon request for your convenience.

Overtime & Pay Dispute Lawyer in San Diego

The general rule in California is that employees must be paid one and a half times their regular rate of pay for all work in excess of 8 hours a day OR in excess of 40 hours a week. These are respectively known as the “8 hour rule” and the “40 hour rule.” Generally, they both apply. 

Under the 8 hour rule, employees are entitled to overtime for all work in excess of 8 hours a day. For instance, if on any given day you work 9 hours, you are entitled to overtime. This is true even if you don’t work at all on any other day of the week.

Under the 40 hour rule, you are entitled to overtime for all work in excess of 40 hours during a work week. By way of example, if you work 7 hours a day 6 days a week, for a total of 42 hours during the week, you are entitled to 2 hours overtime for the week. Moreover, the “work week” has to be set and unchanging. Employers cannot avoid paying overtime by declaring that your “work week” started on Sunday for one pay check and started on Wednesday for the next pay check.

Some employers simply refuse to pay overtime. Also, many employers with out of state headquarters violate the law because California’s overtime laws differ from and are more generous than the federal laws and the laws in different states. Employers who pay employees twice a month (such as on the 15th and 30th) also frequently violate the overtime laws because the 40 hour rule applies to “work weeks” even if a work week falls into different pay periods.

Employers also have to pay double time pay for all work in excess of 12 hours a day. In addition, there are also special rules when an employee works 7 days a week. 

Pay and/or overtime is required for all time an employee works whether “on the clock” or not. You may actually start work before your scheduled start time, work through lunch and/or work after you clock out. If you do any of these things, you have to be paid for all such time, and such time is frequently overtime. 

However, there are some exceptions to the general overtime rule. The regular overtime rules do not apply to certain classifications of non-exempt employees.

Under California law, employers are not only required to pay non-salaried employees the overtime that is due to them, they are also required to compensate their employees in accordance with the State’s minimum wage laws. Additionally, they must pay their employees all wages earned in a timely manner, according to their regular pay schedule.

With respect to tips earned, employers are prohibited from keeping tips for themselves. All tips must be disbursed no later than the next regular pay period. Tip pooling, or sharing tips between the wait staff, cooks, and bus boys is allowable under the law, however managers and employers are forbidden from participating in this practice. Finally, employers are required to provide hourly compensation in the form of the minimum wage (or higher should the employer choose) to all employees who also earn tips.

Upon termination of employment, employees must be fully compensated for all hours worked and all unused vacation time immediately upon involuntary termination. When an employee terminates employment with at least 72 hours’ notice to the employer, they must receive their final check on their last day of work. Should the employee terminate employment with no notice, their employer must remit their final paycheck within 72 hours.

Contact an Overtime Attorney & Pay Dispute Lawyer in San Diego

Should you have reason to believe that your employer has violated your right to receive overtime or has failed to compensate you for work performed in accordance with state law, please contact the Jackson Law Firm at (858) 552-4900 to speak with a highly knowledgeable and experienced Employment Lawyer.

We are available to speak to clients during regular office hours, and may also be reached 24 hours a day, 7 days a week.

Let us put our 40 years’ experience to work for you and help you obtain the maximum monetary compensation allowable.


Disclaimer

The information you obtain at this site

is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. We invite you to contact us and welcome your calls, letters and electronic mail. Contacting us does not create an attorney-client relationship. Please do not send any confidential information to us until such time as an attorney-client relationship has been established.

Practice  Areas

10951 Sorrento Valley Rd.

Suite 1-G

San Diego, CA 92121

Phone: (858) 552-4900

Fax: (858) 552-4904

Email: paul@jacksonlaw.biz

Contact Us

Pay & Overtime Disputes


Employment Discrimination


Wrongful Termination


Meal and Rest Breaks


Employee / Independent

Contractor Misclassification


Disability Discrimination

and Accommodation


Sexual Harassment


Federal Employees


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