Workers in California are entitled to fair compensation for all of the hours that they work. However, many employers are reluctant to pay employees for overtime hours.
Not only is this practice not good for workers and their families, but this practice may violate one of the many protections workers in San Diego are entitled to under the Fair Labor Standards Act, as well as the California Labor Code. As a worker and employee, you deserve to be paid for the long hours you work. If your current or past employer has violated your rights to overtime pay, contact an experienced San Diego FLSA lawyer who can help you explore your legal options and may be able to help you recover your unpaid wages.
Fair Labor Standards Act
The Fair Labor Standards Act (FLSA) is a federally enacted statute that entitles workers to overtime pay when they work over 40 hours in a workweek.
In addition, the FLSA provides workers with protections such as establishing a minimum wage, setting standards for recordkeeping, and governing youth employment standards. Some of the most common claims a worker files under the FLSA include claims for:
- Failure to pay overtime
- Failure to pay minimum wage
- Off-the-clock work
The FLSA provides employees with certain protections against employers and was enacted to ensure that all workers receive the compensation they are due.
A worker who believes that they are not being properly compensated for their work should contact a San Diego FLSA lawyer who can help determine if a worker has been properly paid.
Protections Under California Labor Code
In addition to the protections offered under the FLSA, workers in California are entitled to overtime pay when they work over 40 hours in a given workweek, and additionally, a worker is entitled to overtime pay when they work more than eight hours in a single day.
San Diego workers should be aware that the California Overtime law is more protective than the FLSA and common claims in California include those for:
- Workers being improperly paid on salary
- Exempt employees
- “Off the clock” work
- Rest periods
- Compensation for “on call time”
A worker who believes that they are entitled to compensation for overtime work should contact a San Diego FLSA lawyer. A lawyer will help an employee by gathering pay stubs and time sheets, analyzing employment and arbitration agreements, and collecting other evidence to determine if an employee was working beyond the time limits and thus entitled to overtime pay.
Time Limits to File an FLSA Lawsuit
Workers who believe that their rights have been violated under the FLSA need to be aware that the law only allows a certain amount of time to file a lawsuit. Under the FLSA, all civil actions including those for unpaid wages need to be filed within two years of the alleged violations.
However, there is an exception to this time limit when the employer’s actions are willful, in which case an employee has three years to file a claim seeking damages for unpaid overtime work.
In any case, where a worker alleges that their rights have been violated under the FLSA, it is important to contact an attorney, particularly if it is unclear whether or not the employer’s actions are willful.
How a San Diego FLSA Lawyer Can Help
If an employer violates any of the federal overtime pay laws, a worker is entitled to recover for their unpaid overtime wages. However, an employer who violates the FLSA or the California overtime wage laws can be liable for double the amount of unpaid wages, plus any interest.
In addition, an employee whose rights have been violated may be entitled to recover liquidated damages for unpaid wage complaints. If you have been denied the overtime pay you are entitled to, contact a San Diego FLSA lawyer.