San Diego Unpaid Overtime Attorneys
Holding Employers Accountable for Overtime Violations
The average person spends one-third of their life at work. With millions of Americans working overtime, fair and timely pay is essential for financial stability and personal well-being. Unfortunately, unpaid overtime and wage theft cost U.S. workers billions of dollars every year, underscoring the importance of knowing your rights in the workplace.
At JCL Law Firm, APC, we are committed to holding employers accountable for overtime violations. Whether you were misclassified as exempt, required to remain on-call during breaks, or have unpaid hours from remote work, our attorneys can fight to recover unpaid overtime while upholding your employee rights every step of the way.
When it comes to employment disputes, our meticulous approach and exclusive focus on employees set us apart. Our unpaid overtime lawyers have handled over 1,500 cases and provide trial-ready representation backed by proven results, giving you peace of mind that your case is prioritized.
If your employer is withholding overtime pay in San Diego, we can work diligently to recover all unpaid compensation. Call (619) 848-3368 to schedule a free consultation. Se habla español.
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How Is Overtime Pay Calculated?
Overtime pay is typically one and one-half times the regular pay rate for all hours worked in excess of eight hours in any workday, and for the first eight hours worked on the seventh consecutive day of work in a workweek. Double-time pay applies for hours worked in excess of 12 hours in any workday. Certain bonuses and commissions may also factor into overtime rates.
Is It Legal for Employers to Require Overtime?
Yes. California law allows employers to mandate overtime as long as wage and hour regulations are followed, which includes paying employees the correct overtime rate for all hours worked.
Can I Sue My Employer for Unpaid Overtime?
Employees with unpaid overtime may file a claim with the Labor Commissioner’s Office or pursue a lawsuit to recover unpaid wages, penalties, attorney fees, and other losses. While a civil lawsuit may require additional time and expenses, it can also lead to a higher recovery and additional remedies, such as punitive damages.
We can review the facts of your case and recommend the best path forward for your unique situation. Our attorneys prepare every case for trial and never hesitate to stand up to powerful employers in litigation if necessary to secure a favorable outcome.
How Long Do I Have to File a Claim for Unpaid Overtime?
Employees generally have three years to file claims for unpaid overtime. If the incident involves a breach of a written contract, this timeline may be extended to four years. However, shortened deadlines may apply in certain situations. Our attorneys are well-versed in these legal nuances to help you determine which statute applies to your case, file a timely claim, and fight to recover unpaid compensation.
In Their Own Words
Five-Star Client Reviews
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“Their team has been remarkable throughout my process and I am so happy with my settlement. Thank you for your great customer service and results.”- Laelah G.
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“JCL Law Firm was easy to work with. This is a firm I would feel comfortable working with again based on their level of service, responsiveness and professionalism.”- Terry C.
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“They are so kind and so considerate, they go above and beyond and always make sure things get done. They'll make sure you get the best deal you can.”- Nathaniel N.
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“Their hard work, professionalism, and patience paid off in the end. JCL Law firm was great at communicating and explaining every step of the way!”- Priscilla E.
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“JCL handled my case when no one else would. They listened to my concerns, solved the matter professionally, and they're very communicative.”- Former Client
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“I can honestly say they’ve been amazing every step of the way. The entire team is professional, kind, and truly cares about their clients.”- Porsche L.
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“JCL Law Firm has been very professional representing my case. I am very satisfied with the settlement. Great team, customer service, communication, and follow-up.”- Former Client
Building Cases That Hold Up
Millions Awarded. We Show Up Ready to Win.
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$7 Million Class Action Settlement
Class action settlement filed in Sacramento for non-exempt health care providers at California kidney care treatment centers.
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$6 Million Class Action Settlement
Settlement filed on behalf of restaurant service staff employed by national chain for missed meal and missed rest periods, unpaid service charges and miscalculated overtime.
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$4 Million Class Action Settlement
Settlement filed on behalf of grocery store employees employed by national grocery outlet for miscalculated shift premiums and off the clock work.
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$2.5 Million Class Action Settlement
Settlement filed in Napa County on behalf of California piece-rate laborers employed by a farm labor contractor.
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$2 Million Class Action Settlement
Settlement filed on behalf of non-exempt nonprofit employees employed in California for missed meal and rest periods and off the clock work.
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$2 Million Class Action Settlement
Filed in Los Angeles on behalf of California based behavior health therapists for off the clock work.
Are Salaried Workers Entitled to Overtime?
It depends. Many salaried employees are entitled to overtime, but only if they are non-exempt. True exempt salaried employees are not entitled to overtime pay.
State law requires employers to pay overtime unless your job clearly falls under one of the limited exemptions outlined by state and federal regulations. In some cases, employers may misclassify employees to avoid paying overtime.
If you believe you were misclassified or denied overtime pay, we can review your job duties, calculate unpaid wages, and work tirelessly to recover back pay, penalties, and other unpaid compensation.
Can My Employer Avoid Paying Overtime by Requiring Off-the-Clock Work?
No. Any work performed counts as hours worked and must be paid at the appropriate overtime rate, including before or after shifts. Employers must also provide duty-free meal, rest, and recovery periods, including 30-minute meal breaks for five hours of work and 10-minute rest breaks for four hours of work.
Can I Recover Unpaid Overtime After Quitting My Job?
Yes. Employees can file claims for any unpaid overtime owed for work performed while employed, even after their employment is terminated. Our attorneys can advocate for unpaid wages and evaluate whether the unpaid overtime was related to wrongful termination, misclassification, or retaliation to hold your employer fully accountable.
How Can I Prove Unpaid Overtime?
Employees have the right to recover unpaid overtime under Labor Code § 1194. Gathering documentation like timecards, schedules, emails, or witness statements is key to establishing hours worked and supporting a strong wage claim. Our lawyers can analyze work patterns, calculate unpaid hours (such as off-the-clock tasks or skipped breaks), contact coworkers for supporting statements, and handle communications with employers and local agencies to recover every hour and penalty you are legally owed.
When your employee rights are at stake, choose a firm that exclusively represents workers like you. Contact us online to request a free case evaluation.
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Working for You As A Team
At JCL, you get a coordinated team working your case, backed by trusted analysts and consultants.
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Start with a Virtual Consult
Meet with our employment lawyers during a no-cost virtual consultation from wherever you are.
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Built for the Bigger Fight
We know how to turn widespread wrongdoing into high-impact cases that actually force change.
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Preparation Is the Advantage
When other firms react, we prepare. Our cases are built early, organized carefully, and always ready for trial.