San Diego Unpaid Wages Lawyer

Every worker deserves fair compensation for their hard work, yet wage theft remains a pervasive issue affecting countless employees in San Diego. At Greenberg Gross LLP, our dedicated team of San Diego employment lawyers is committed to fighting for the rights of workers who have been denied their rightful earnings. Whether it’s unpaid overtime, minimum wage violations, missed meal and rest breaks, or other forms of wage theft, we are here to ensure that justice is served.

Our experienced attorneys understand the complexities of California labor laws and are adept at handling a wide range of wage-related disputes. We provide comprehensive legal support, from initial consultations to vigorous representation in court, to help you recover the wages you’re owed. Our goal is not only to secure the financial compensation you deserve, but also to hold employers accountable for unlawful practices.

If you’ve been a victim of unpaid wages, don’t let unfair treatment go unchallenged. Contact Greenberg Gross LLP today for a free consultation, and let our skilled San Diego unpaid wages lawyers help you reclaim your hard-earned money and protect your rights as a worker. Your dedication and effort deserve recognition, and we are here to make sure you receive it.

Common Types of Wage Violations

Wage theft is a serious issue that affects many workers in San Diego, depriving them of their hard-earned income. Understanding the various types of wage violations can help you recognize if you are being unfairly treated by your employer. Here are some common forms of wage theft:

Unpaid Overtime

Under California law, non-exempt employees are entitled to overtime pay for any hours worked over 8 in a workday or 40 in a workweek. Despite this, some employers fail to pay the required overtime rates, which should be 1.5 times the regular hourly wage for hours worked over 8 in a day and double the regular rate for hours worked over 12 in a day.

Minimum Wage Violations

California has a set minimum wage that employers must comply with, which is higher than the federal minimum wage. Employers who pay less than the state-mandated minimum wage are violating the law. This includes situations where deductions from wages bring the employee’s earnings below the minimum wage.

Missed Meal and Rest Breaks

California labor laws require employers to provide non-exempt employees with a 30-minute meal break for every five hours worked and a 10-minute rest break for every four hours worked. If an employer fails to provide these breaks or compensates employees for missed breaks, they are in violation of the law.

Misclassification of Employees

Some employers wrongfully classify workers as independent contractors or exempt employees to avoid paying overtime and providing benefits. If you have been misclassified, you may be missing out on entitled wages and protections.

Off-the-Clock Work

Employers must compensate employees for all hours worked. Requiring employees to perform tasks before clocking in or after clocking out, such as preparing equipment or attending meetings, without pay, is a violation of wage laws.

Illegal Deductions

Employers may only make certain deductions from your paycheck as allowed by law. Deductions for cash shortages, damaged property, or business losses not caused by willful misconduct are typically illegal and reduce your net earnings unlawfully.

Tip Theft

For employees who earn tips, it’s illegal for employers to take any portion of those tips or to count tips towards meeting minimum wage obligations. All tips received by employees belong to them, unless a valid tip pooling arrangement is in place.

Failure to Pay Wages Upon Termination

California law requires that employees who are terminated or resign receive their final paycheck within specific timeframes—immediately upon termination or within 72 hours if they resign. Delays or failures to issue final paychecks are considered wage violations.

Unpaid Commissions and Bonuses

If your employment agreement includes commissions or bonuses, your employer is legally obligated to pay these as specified. Withholding earned commissions or bonuses constitutes a wage violation.

If you believe you have experienced any of these wage violations, it’s crucial to seek legal assistance. At Greenberg Gross, our knowledgeable San Diego unpaid wages lawyers are dedicated to helping workers recover their rightful earnings. Contact us today for a free consultation, and let us fight for the compensation you deserve.

Understanding California Wage Laws

California maintains some of the most robust wage and hour laws in the United States to protect workers’ rights and ensure fair compensation. Understanding these laws is crucial for employees to recognize when their rights are being violated and take appropriate actions. Here is an overview of key California wage laws that every worker should know:

Minimum Wage

California has a state-mandated minimum wage that supersedes the federal minimum wage. As of January 1, 2024, the minimum wage in California is $16 per hour for businesses with 26 or more employees and $15 per hour for businesses with 25 or fewer employees. Additionally, certain cities and counties may have higher local minimum wages that employers must adhere to.

Overtime Pay

Non-exempt employees in California are entitled to overtime pay for any hours worked over 8 in a workday or 40 in a workweek. The overtime rate is 1.5 times the employee’s regular hourly wage. For hours worked over 12 in a day or for the first 8 hours on the seventh consecutive day of work in a workweek, the rate increases to double the regular hourly wage.

Meal and Rest Breaks

California labor laws require employers to provide non-exempt employees with a 30-minute unpaid meal break for every five hours worked. If the workday exceeds ten hours, a second meal break is required. Additionally, employers must allow a paid 10-minute rest break for every four hours worked. Failure to provide these breaks can result in penalties equal to one hour of pay for each day the break was not provided.

Record-Keeping

Employers are required to maintain accurate records of hours worked, including start and end times, meal periods, and any split shifts. Employees should regularly review their pay stubs and time records to ensure they reflect their actual hours worked and any required breaks.

Equal Pay Act

Under the California Equal Pay Act, employers must pay employees of different genders equally for substantially similar work. This law aims to eliminate gender-based wage disparities and ensures that all employees receive fair compensation regardless of their gender.

Wage Theft Prevention Act

The California Wage Theft Prevention Act mandates that employers provide non-exempt employees with a written notice at the time of hiring, detailing important information such as the employee’s rate of pay, overtime rates, and the employer’s contact information. This transparency helps prevent wage theft and ensures employees are informed about their rights.

Final Paychecks

California law stipulates specific timeframes for issuing final paychecks. Employees who are terminated must receive their final paycheck immediately upon termination, while those who resign must be paid within 72 hours. This final paycheck should include all earned wages, including owed overtime, accrued vacation time, and any other applicable payments.

Misclassification

Employers sometimes misclassify employees as independent contractors or exempt employees to avoid paying overtime and benefits. California’s strict guidelines, particularly under the ABC test, determine whether a worker is an employee or an independent contractor. Misclassified employees may be entitled to back pay and other compensations.

Commission and Bonus Plans

Employers who offer commission or bonus plans must clearly outline the terms of these plans in writing. Any earned commissions or bonuses must be paid promptly according to the agreed-upon terms, and withholding these payments constitutes a violation of wage laws.

Understanding these critical aspects of California wage laws empowers employees to protect their rights and take action when necessary. At Greenberg Gross LLP, our experienced San Diego unpaid wages lawyers are well-versed in California labor laws and dedicated to advocating for workers’ rights.

If you believe your wage and hour rights have been violated, contact Greenberg Gross today for a free consultation. Let us help you navigate the complexities of California wage laws and secure the compensation you deserve for your hard work.

Contact A Dedicated San Diego Unpaid Wages Lawyer Today

Understanding and asserting your rights under California wage laws is essential to ensuring fair treatment and just compensation for your hard work. Wage theft and other violations can significantly impact your financial stability and overall well-being. If you suspect that your employer has violated your wage and hour rights, it’s crucial to take immediate action.

At Greenberg Gross LLP, we are committed to fighting for the rights of workers in San Diego and beyond. Our experienced unpaid wages lawyers are dedicated to helping you recover the compensation you deserve, and holding employers accountable for unlawful practices.

Don’t let wage violations go unchallenged. Contact Greenberg Gross today for a free consultation. Let our skilled attorneys guide you through the legal process and advocate on your behalf. Your dedication and effort deserve recognition and fair compensation, and we are here to ensure you receive it.

Take the first step towards justice by reaching out to us now. Call Greenberg Gross LLP or fill out our online contact form to schedule your free consultation. Together, we can protect your rights and secure the wages you rightfully earned.