Why Choose Bruno & Associates for Your Unpaid Overtime Case
- 85+ years of combined legal experience
- Recognized by The National Trial Lawyers Top 100
- Named among the Best Employment Lawyers in San Diego by Expertise
- A+ rating from the Better Business Bureau
- Contingency fee-based: you pay nothing unless we win
- Personalized, hands-on legal guidance from start to finish
- Free and confidential case evaluations
We Want to Hear Your Story
At Eugene Bruno & Associates, we believe every employee deserves to be paid fairly. If you’ve worked overtime and haven’t been compensated—or if your employer has denied your rights in any way—we want to hear your story.
Call 1-888-BRUNO-88 (1-888-278-6688) to schedule a free consultation with an experienced unpaid overtime attorney.
Understanding Overtime Laws in California
When it comes to workers’ rights, California’s labor laws are among the most protective in the nation. These laws are designed to ensure that employees are compensated fairly for their time, especially when they work beyond standard hours.
Under Labor Code Section 510, overtime rules are clearly outlined to prevent employer abuse and wage theft.
- 1.5 times the regular rate of pay is owed for:
- Any hours worked over 8 hours in a single workday
- The first 8 hours worked on the seventh consecutive day of work in a workweek
- Any hours worked over 40 hours in a single workweek
- 2 times the regular rate of pay (double time) is owed for:
- Any hours worked over 12 hours in a single workday
- Any hours worked beyond 8 on the seventh consecutive day of work in a workweek
In addition to overtime pay, California law also mandates:
- Meal breaks: Employees are entitled to a 30-minute unpaid meal break for every five hours worked.
- Rest breaks: Employees must receive a 10-minute paid rest break for every four hours worked or a major fraction thereof.
Failure to provide these breaks is considered a meal and rest break violation, which may entitle the employee to an additional hour of pay for each violation.
It’s also important to understand that your job title or pay structure does not solely determine your eligibility for overtime. You may be classified as salaried or given a “manager” title, but if your job duties and compensation do not meet certain legal standards, you are likely considered a non-exempt employee and are, therefore, eligible for overtime.
An experienced San Diego employment law lawyer at Eugene Bruno & Associates is here to help you navigate the complexities of California overtime law and protect your right to fair pay. We can help you understand whether you’ve been correctly classified and if you’re entitled to overtime under the law.
I fight to level the playing field when dealing with insurance companies that routinely deny claims or make ‘low ball’ settlement offers. I am tough, battle tested, and trusted.” – Amir M. Shoar
Common Overtime Violations by Employers
Unpaid overtime issues come in many forms, and some are more common than you might think. Employers may intentionally or negligently commit these violations, often affecting large groups of employees and resulting in significant unpaid overtime compensation:
- Failing to pay for off-the-clock work: This includes time spent setting up workstations, putting on safety gear, responding to emails after hours, or cleaning up after your shift. Employers must compensate workers for all the time spent performing job-related duties, even if that work happens before or after their official shifts.
- Misclassifying workers as exempt or independent contractors: Employers sometimes incorrectly label employees as salaried exempt or independent contractors to avoid paying overtime. However, California law requires a detailed analysis of your job duties and level of control to determine proper classification.
- Not tracking all hours worked: Some employers fail to record time accurately or require employees to use faulty timekeeping systems. This can result in lost overtime if your work isn’t logged correctly.
- Auto-deducting lunch breaks: Employers may automatically subtract 30 minutes for a meal break without verifying whether the break was actually taken. If you worked through your break, you are entitled to compensation.
- Paying a flat daily or weekly rate: Some employers try to simplify payroll by offering a flat rate regardless of hours worked. However, this practice often violates overtime rules if you work more than 8 hours in a day or 40 in a week.
- Failing to pay double-time when required: Working over 12 hours in one day or more than 8 hours on a seventh consecutive workday should trigger double-time pay. Skipping this payment is a common violation.
- Requiring workers to clock out but keep working: If you’re expected to finish tasks after clocking out or attend meetings during unpaid hours, that’s illegal. Any work performed must be paid time.
- Improper rounding practices: Rounding clock-in and clock-out times may seem minor, but over weeks or months, it can lead to considerable wage loss. Employers must not use rounding policies that consistently favor the company.
- Not paying for mandatory training or meetings: If you’re required to attend unpaid training sessions, webinars, or meetings, those hours may be compensable under California overtime law.
Over time, these violations can result in substantial financial harm. If you recognize any of these practices in your workplace, consult a San Diego unpaid overtime lawyer at Eugene Bruno & Associates to explore your legal options and recover the wages you’ve earned.
Steps to Take If You’re Owed Overtime Pay
Here’s what you can do if you think your employer has withheld your rightful overtime wages:
- Keep Your Own Records: Note your hours, shifts, breaks, and unpaid tasks. Documentation strengthens your claim.
- Request Your Payroll Records: California law gives you the right to review your timesheets and pay stubs.
- Don’t Confront Your Employer Without Legal Advice: Speaking with an employment lawyer first can help protect your position.
- Don’t Quit Without Counsel: Your legal options may be affected if you leave your job prematurely.
- Contact an Overtime Pay Lawyer: Our attorneys can help evaluate your situation and begin pursuing your unpaid overtime compensation.
Learn More About Your Rights
If you’ve been denied overtime or forced to work off the clock, you may be eligible to recover significant compensation. It costs nothing to talk to our legal team—and we don’t get paid unless you do.
Call 1-888-BRUNO-88 (1-888-278-6688) to speak with a San Diego unpaid overtime lawyer today.
Filing an Unpaid Overtime Claim in San Diego
Deadlines matter: Most claims must be filed within three years, but some cases involving willful misconduct allow up to four years. In addition to filing on time, here’s how the legal process works when pursuing unpaid wages.
Step 1: Free Consultation
You’ll meet with one of our unpaid overtime attorneys to discuss your job duties, schedule, and pay history.
Step 2: Legal Review & Documentation
We review employment records, company policies, timecards, and other documents. If needed, we’ll subpoena records.
Step 3: Filing a Claim
Depending on your case, we may file a claim with the California Labor Commissioner or bring a civil lawsuit against your employer.
Step 4: Settlement or Litigation
We attempt to resolve the case through negotiation or mediation. If needed, we’ll pursue your claim through litigation.
Step 5: Resolution
You may be awarded unpaid overtime compensation, penalties, interest, and attorney’s fees.
Potential Compensation in Unpaid Overtime Cases
If your employer failed to pay you lawfully earned overtime, you may be eligible to recover significant compensation under California labor law. The damages go beyond the unpaid wages and may include multiple forms of recovery designed to compensate for your financial loss, stress, and the employer’s wrongdoing:
- Unpaid Overtime Wages: This includes the difference between what you were actually paid and what you should have been paid under overtime laws. This can apply to hours over 8 in a day, 40 in a week, and any double-time owed.
- Interest on Wages: Courts typically award interest from the date the wages were originally due. This helps compensate for the time you went without the money you were owed.
- Meal and Rest Break Penalties: If you were denied proper meal or rest breaks, you may receive one additional hour of pay for each day a break was missed, up to multiple days over weeks or months of employment.
- Waiting Time Penalties: If your employer failed to provide your final paycheck promptly after termination or resignation, you may be entitled to up to 30 days of your average daily wages under California Labor Code Section 203.
- Liquidated Damages: In cases involving minimum wage violations, courts may award liquidated damages equal to the amount of unpaid wages, effectively doubling the recovery.
- Attorney’s Fees and Legal Costs: California law favors employees in wage cases. If your case is successful, your employer may be required to pay your attorney’s fees and related court costs, which can make a huge difference in your net recovery.
- Civil Penalties: Under the Private Attorneys General Act (PAGA), you may be able to recover additional civil penalties on behalf of yourself and other employees if the employer has a pattern of labor code violations.
When handled by an experienced unpaid overtime attorney, your total compensation can often exceed the amount of unpaid wages alone. Eugene Bruno & Associates will carefully evaluate your work history, review payroll records, and pursue every dollar you’re entitled to under the law.
Meet With a San Diego Unpaid Overtime Lawyer Today
Unpaid overtime adds up fast. Don’t let your employer pocket wages you earned. At Eugene Bruno & Associates, we’re here to help San Diego workers fight back. We don’t charge anything upfront, and we don’t get paid unless you do.
You work hard for your money. Let us help you recover what you deserve. Call 1-888-BRUNO-88 (1-888-278-6688) to meet with a San Diego unpaid overtime lawyer and start your path toward justice.
