San Diego Wage and Hour Lawyer

San Diego Wage and Hour Attorney

If you work in San Diego and you believe your employer has failed or refused to pay you correctly for your time at work, or if you believe they have violated California’s wage and hour laws, you may have trouble resolving this situation unassisted. A San Diego wage and hour lawyer will be an invaluable ally to have on your side as you seek compensation for your unpaid wages.

Hennig Kramer LLP, can provide the legal representation you need to approach a wage and hour dispute in San Diego with confidence. We have successfully resolved many employment law disputes for clients in Orange County and throughout California. If you need a San Diego employment lawyer to assist you with your wage and hour dispute, we can guide you through every stage of your case and assist you in recovering your compensation.

California Wage and Hour Laws You Should Know

California upholds some of the most robust employee protections in the country. The wage and hour laws of the state aim to ensure all employees are paid correctly for the time they spend working, so employees have legal mechanisms available that they can use to hold employers accountable when they violate state wage and hour laws. Different wage and hour laws apply to specific types of workers, and you must know which applies to your employment.

One of the most important wage and hour laws is the minimum wage law, which dictates the minimum amount an employee must be paid for one hour of work. The state has one of the highest state minimum wage requirements in the country at $16 per hour. However, there are specific minimum wage rules for certain types of employees. An employer must follow the state’s minimum wage rate, not the much lower federal minimum wage rate.

It’s common for employees faced with wage and hour disputes to feel lost when it comes to proving the truth of their situation. The employee may not know what evidence they need to prove the truth of the matter or how to collect this evidence. It is also possible that their employer has taken intentional measures to conceal the wage and hour violations they committed.

Common Types of Wage and Hour Claims in San Diego

Every year, thousands of wage and hour claims are filed in San Diego, California, and throughout the state. If you need professional legal assistance for your claim, it is important to find an attorney who has proven experience resolving cases like yours. Hennig Kramer LLP, has a long record of successful employment law cases, including many wage and hour claims for clients throughout the San Diego area. Cases we can resolve for our clients include:

• State minimum wage violations. If your employer in San Diego has failed to comply with the state’s state minimum wage law or has failed to meet the minimum wage requirements for your specific type of employment, we can help you determine the full amount they owe and secure compensation for you.
• Overtime violations. When an employee meets the work hour requirements for time and a half pay or double pay, their employer must follow applicable overtime laws and pay them correctly. Unfortunately, some employers will illegally adjust employee time cards to avoid paying overtime in some cases.
• Rest and meal break violations. An employer must provide appropriate meal and rest breaks to employees based on the number of hours they work in a shift. Some of these breaks are paid, while others are unpaid. Meal and rest break violations occur when an employer fails to authorize or permit an employee to take their legally-mandated meal or rest breaks.This often occurs when employers have facially illegal meal and rest break policies, when breaks are interrupted, or when breaks are skipped to meet work demands set by the employer.
• Illegal withholding from employee paychecks. Employers are only permitted to make certain types of withholdings from employee paychecks. If you believe any unlawful withholdings have been taken from your pay, consult a San Diego wage and hour lawyer as quickly as possible.
• Failure to provide employee pay stubs. Your employer must give you a pay stub for each pay period, and this pay stub must include complete and accurate information regarding total hours worked, your compensation rate, your total pretax compensation, and a full list of all lawful deductions.
• Breach of contract. If you have a written employment contract with your employer, this contract likely stipulates compensation rules. If your employer breaches this contract, you may not only have grounds to file a wage and hour claim but also seek compensation for the breach of contract.

Ultimately, any wage and hour dispute can be a complex legal issue that the average worker will not be able to navigate successfully on their own. Your case may require a thorough review of past compensation from your employer, your pay stubs, and records kept by your employer. Hennig Kramer LLP, can assist you in securing any documentation needed to build a compelling wage and hour claim in San Diego.

Constructing Your Wage and Hour Claim in San Diego

At the outset of any wage and hour claim in San Diego, it is important that you keep organized records of all documentation relevant to your case. This can include pay stubs, copies of any written correspondence with your employer, and other documentation. It is also wise to review the relevant state labor laws that apply to your situation so you can feel better prepared to confront the proceedings ahead of you.

If possible, you should attempt to resolve a wage and hour dispute internally through your employer before pursuing legal action. It is possible that the situation arose from a calculation error, missed time card recording, or other honest mistake that your employer is willing to resolve in good faith. However, if your situation resulted from intentional misconduct of any kind, you may need to file a complaint with the California Labor Commissioner’s Office.

The Labor Commissioner’s Office will typically attempt to arrange for mediation between the employee filing the claim and their employer. If an agreement can be reached, your San Diego wage and hour lawyer can guide you through this process and recover your compensation. However, if you need to file a lawsuit, you may not only recover compensation for unpaid wages but also hold your employer accountable for your legal fees.

Hennig Kramer LLP, can provide comprehensive legal counsel for all stages of a wage and hour claim in San Diego. Our team’s goal is to help every client recover their compensation as swiftly as possible and streamline their case as much as we can, reducing the time they must wait to resolve their wage and hour dispute.

FAQs

Q: What Is the Minimum Wage Rate in California?

A: The minimum wage rate is the minimum amount an employee must be paid for each hour of work they perform. As of January 1, 2024, the minimum wage for most employment in the state is $16 per hour, but there are additional rules that apply for certain types of employment and for certain types of employees. A San Diego wage and hour lawyer can help you determine whether you have experienced a minimum wage violation.

Q: What Breaks Must I Take in San Diego?

A: Specific breaks are required for employees in most types of employment in San Diego based on the time they are required to spend working. The break requirements for most employees include one paid 30-minute meal break when working more than five hours in a day, an additional 30-minute unpaid meal break when working 10 or more hours in a day, and a paid 10-minute rest break for every four hours of work, or major fraction thereof. Your attorney can help determine whether your employer has violated applicable meal and rest break laws.

Q: Can My Employer Legally Edit My Time Card in San Diego?

A: In most cases, an employer may not edit an employee’s time card in San Diego. Employers are required to accurately record all clock-in and clock-out times for their employees and log all rest and meal breaks. Some employers commit wage and hour violations by editing employee time cards to avoid paying overtime or to cover for paid breaks. Your attorney can examine your time cards to identify any such issues.

Q: What Is the Statute of Limitations for a Wage and Hour Claim in California?

A: The statute of limitations for a wage and hour claim is the time limit for filing your claim against your employer. For most wage and hour claims in San Diego, the applicable statute of limitations is three years from the date of the most recent wage and hour violation. However, if you have a written contract with your employer, the statute of limitations extends to four years. Different claims have different statutes of limitations. Contact experienced employment lawyers to help determine the applicable statute of limitations for your claims.

Q: Why Should I Hire a San Diego Wage and Hour Lawyer?

A: You should hire a San Diego wage and hour lawyer because your case may be more challenging to resolve than you initially expected. The average person may not know how to secure the evidence they need to substantiate a wage and hour claim or prove the exact amount they are owed. Having an experienced San Diego wage and hour lawyer on your side significantly improves your chance of success with the case.

Hennig Kramer LLP, can help you navigate a wage and hour claim in San Diego by providing responsive and results-driven legal counsel through every stage of your case. We have successfully helped many past clients resolve wage and hour disputes and will leverage this experience for you. Contact our team today to schedule a free consultation with our San Diego wage and hour lawyers to learn more about the legal services we provide.