If you are an employee, you may have a wage and hour dispute with your employer. Wage and hour disputes are common and can involve various California issues, such as unpaid overtime, minimum wage violations, meal and rest break violations, misclassification of employees as independent San Diego, California, contractors and more.
One of the most common wage and hour disputes is unpaid overtime. Under our state’s laws, employees are entitled to overtime pay. Though, they must work more than 8 hours per day or 40 hours a week.
Overtime rates are usually 1.5 times your regular rate of pay. However, some employees may not receive the correct overtime rate because their employer does not include all forms of compensation in the calculation.
For example, if you receive commissions, bonuses, tips, or other incentives as part of your pay, those amounts should be added to your base pay when determining your overtime rate. If your employer only uses your base pay to calculate your overtime rate, you may be underpaid for the extra hours you work.
If you suspect that you have been underpaid for overtime or have any other wage and hour dispute with your employer, you should consult with an experienced employment lawyer as soon as possible. You may be entitled to recover unpaid wages, penalties, interest and attorney fees. You may also be protected from retaliation by your employer for asserting your rights.
Wage and hour disputes can be complex and time sensitive. An attorney who is knowledgeable about wage laws and violations can be asset in discussing your unique options. We all work hard, returning money that is rightfully yours is possible if your employer committed wage theft.