Lawful Unpaid Wage & Hour Disputes in San Diego

One of the most ironclad rules of employment law in the United States is that a worker must be paid in compliance with both state and federal minimum wage and overtime laws. Our expert wage and hour lawyers in San Diego advise employers and employees every day to ensure that every worker is paid in accordance with federal, state and local laws, and any employment agreement. Our lawyers also write wage and hour books, teach wage and hour laws to other lawyers, and have handled all types of wage and hour matters, including individual claims and class actions.

Our wage and hour lawyers ensure that minimum and overtime wages are paid properly, commissions and bonuses are calculated appropriately and paid timely, meal and rest breaks are provided or paid, and business expenses are reimbursed. Here are just a few of the ways our wage and hour lawyers in San Diego can help ensure workers are paid properly.

An employee in the state of California must be paid minimum wage for every hour worked, and such claims can go back four (4) years..

Damages for not paying minimum wage can be considerable: An employee may recover not just the amount of the unpaid minimum wages, but also automatic double damages, interest on unpaid wages, other penalties, and attorney’s fees.

For almost 100 years since the first federal overtime law was passed, employers have tried to avoid paying overtime wages by countless creative schemes; without success. For example, employers who “move hours” to another day or week to avoid paying overtime is illegal. It can also be illegal to give employees paid leave instead of overtime pay. The obligations are statutory and unwaivable. 

Even though salaried “exempt” employees who perform certain types of work don’t get paid overtime, it is common for employers to improperly misclassify employees as exempt workers and fail to pay overtime. Many employees are misclassified and are owed overtime; just because an employee is paid a salary, and even if the employee and employer both believe the employee is entitled to be salaried, does not mean that they are not owed overtime pay.

If you have questions about overtime rules or any other wage and hour or employment law questions, our overtime lawyers in San Diego are here to help.

Commissioned employees have the potential to be the highest paid employees in any work force. Commissioned employees who spend more than 50% of their work time outside the office (“outside sales”) are generally considered “outside” salespeople. While they are generally exempt from minimum wage and overtime laws, they are still entitled to be paid for any business expenses, including expenses for use of their personal vehicles and cell phone usage.

Many commissioned employees, especially those who work inside an office (“inside sales”) are entitled to be paid at least minimum wage for every single hour worked, and may be owed overtime pay in certain circumstances. Inside salespeople who are paid commission, regardless of whether they are entitled to overtime, also have the right to meal and rest periods just like any hourly employee.

Our expert wage and hour lawyers in San Diego frequently see situations where commissioned sales employees sare not paid correctly.

Under California law, commission plans must be clear, specific, in writing, and signed by the employee. The terms of that agreement cannot be retroactively changed or adjusted without written consent by the employee.

If you have questions about business expense reimbursement, overtime rules, meal period rules, rest breaks, or bonuses or commissions, our wage and hour lawyers in San Diego can help.

These include items such as:

• Business supplies;
• Automobile expenses;
• Airfare, meal and lodging expenses for business travel;
• Uniforms required by the employer; and
• Cell phone usage for work-related phone calls.
• Remote employee costs of internet/wifi (percent of business use)

You are owed reimbursement even if the directions of your employer were unlawful. Legally, you cannot waive the right to be reimbursed, which means even if there is a provision in an employment agreement waiving the right to reimbursement it is likely not legally binding and can be analyzed by our employment rights attorneys in San Diego.

We specialize in counseling on compliance and helping to establish effective policies to ensure employees are taken care of properly and paid correctly.

If wage disputes arise, there are strategies you can use to minimize risk and exposure and avoid litigation. Wage claims are very expensive and can be difficult to defend because the laws are set up to protect and favor employees. Therefore, the best way to win a wage dispute is to avoid having one in the first place. Don’t wait to protect your business today.

For both employers and employees, the San Diego employment lawyers at Berger & Williams, LLP are ready to protect your rights and make sure the law is working as intended. Contact us today to see how we can help you.