San Diego Overtime Violations

Are You a Victim of Overtime Violations?

When you work more than 40 hours per week, you are entitled to overtime pay, unless your job is considered exempt. Many employers will try to avoid paying overtime in a variety of ways, all of which are illegal. If you are a victim of an employer’s overtime violations, you have the right to file a claim and seek compensation for all unpaid overtime wages.

Contact us online or give us a call at (888) 716-4314 to discuss your situation with one of our experienced employment law attorneys today.

Common Overtime Violations

Employers may try to avoid paying overtime by misclassifying employees as exempt, requiring employees to work off the clock, or failing to pay for all hours worked. Some employers may even try to avoid paying overtime by using a time clock that doesn’t accurately record all hours worked or by altering an employee’s time card.

Common examples of overtime violations include:

  • Requiring an employee to work through a meal period without pay
  • Telling an employee to “clock out” and then continue working
  • Not paying an employee for time spent traveling to a worksite
  • Requiring an employee to be on-call without pay
  • Misclassifying an employee as exempt from overtime pay

Why Choose M&A Law Offices?

  • 9-Step Case Process
    We have a tried and true, case-tested process to help get you the results and restitution you’re entitled to. Learn More
  • We Handle All Types of Employment Law

    M&A Law Offices has established itself as a go-to law firm in California for victims of all types of employment law cases.

  • Serving the Community for Over 20 Years
    Lawrence is a lifelong business professional working in the public and private sector.
  • Transparency of Service
    You will not pay us anything until we have secured a settlement or result from your employer. This means that we fight for you to get you the best result.

What Is the Statute of Limitations for Overtime Violations?

The Fair Labor Standards Act (FLSA) sets the minimum wage, overtime pay, recordkeeping, and child labor standards for both full-time and part-time workers in the private sector and in federal, state, and local governments. Under the FLSA, you have two years to file a claim for unpaid overtime, and up to three years if your employer willfully violated the Act.

What to Do If You Are a Victim of Overtime Violations

Many employees are hesitant to file an overtime claim against their employer, fearing retaliation. However, the FLSA prohibits employers from retaliating against an employee for filing a complaint or participating in an investigation. If your employer does retaliate against you, you may be entitled to further compensation for lost wages and benefits, as well as other damages.

Here are some tips to help you get started:

  • Keep a record of all hours worked, including the dates and times
  • Keep a record of all pay, including your rate of pay and how much you were paid each pay period
  • Keep copies of all pay stubs
  • Keep copies of all employment contracts and agreements
  • Keep copies of all employee handbooks and other written policies
  • Keep a record of all communication with your employer
  • Keep a record of any conversations you have with coworkers about your work hours and pay
  • Keep a record of all disciplinary action taken against you by your employer

How We Can Help

If you are a victim of overtime violations, our employment law attorneys have the experience and resources to help you pursue a claim against your employer. We will review your case, answer your questions, explain your rights, and help you determine the best course of action. Our attorneys will take care of all the legal details, gather all the evidence, and handle all the negotiations with your employer, with the goal of obtaining a fair settlement on your behalf.

With M&A Law Offices, on your side, you can be confident in our ability to successfully resolve your overtime violation case. contact us online or call us today at (888) 716-4314 to schedule a consultation with one of our experienced employment law attorneys.

Generally, employers violate the law when they fail to pay non-exempt (hourly) employees overtime wages. Why does this matter?

  • California labor laws enable employees to recover 1.5 (time and a half) in overtime pay.
  • Overtime pay does not apply to exempt (salaried) employees.
  • If you are an hourly employee, you are entitled to time worked more than 8 hours in a day and/or 40 hours in one work week
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