Unpaid Overtime

San Diego County Unpaid Overtime/Wage and Hour Claims Attorneys

Generally, non-exempt employees are entitled to premium pay for work in excess of eight (8) hours per day or forty (40) hours per week. Lawyer David C. Hawkes, Esq. can help you determine if your employer is violating California law by failing to pay you for overtime hours worked.

Misclassification of Non-Exempt Employees and Independent Contractors

Not paying employees the money that they have earned is a violation of the Fair Labor Standards Act (FLSA), California Labor code and other wage and hour laws.  Even salaried employees who work overtime are entitled to premium pay if they have been misclassified as exempt from overtime laws. Salaried positions that California courts have found to have been misclassified include stock brokers, loan officers, insurance adjusters, managers, construction superintendents, sales agents, computer programmers, and dozens of others. Simply being a salaried employee does not necessarily mean that you are exempt from payment for overtime hours worked.

Employers cannot avoid Labor Code requirements, such as paying overtime, by misclassifying workers as independent contractors.  If workers are misclassified as independent contrators, they may be entitled to full pay for overtime hours worked, meal breaks and rest periods and the full protection of the California Labor Code. 

If you think you may have been misclassified and your employer owes you unpaid overtime, contact David C. Hawkes, Esq. at Blanchard, Krasner & French to evaluate your potential overtime claim.

Representing Clients with Individual and Class Action Claims

Lawyer David C. Hawkes, Esq. represent clients with wage and hour claims involving unpaid overtime disputes, meal breaks and rest periods, illegal withholdings from wages or commissions, failure to reimburse employment related expenses such as cell phone, mileage, or uniforms, and misclassification as independent contractor status. The experiences our attorneys have demonstrated that if a client presents a claim, there is a very good chance that his or her co-workers likely have been victimized by the same illegal practice. David C. Hawkes, Esq. is well-equipped to handle not only individual claims, but more complex class action lawsuits as well.

Contact Us Regarding Unpaid Overtime/Wage and Hour Claims

If you believe you have a potential unpaid overtime/wage and hour claim or a claim for missed meal breaks and rest periods, unlawful deductions from wages or commissions, unreimbursed employment related expenses or have been misclassified as an independent contractor, contact David C. Hawkes for a free and confidential consultation to evaluate your potential claim.