San Bernardino Unpaid Wages Lawyer
Call us today at (909) 663-2100 To Discuss Overtime Rules
OVERTIME, could you be owed overtime? Overtime rules are very complicated. It is best to speak to one of our San Bernardino labor lawyers about overtime rules. Call an experienced wage theft lawyer at (909) 663-2100 to start a case. Legal terms that you will hear when discussing overtime rules include exempt, non-exempt, time and a half, and double pay.
Common issues in overtime rules include whether you regularly supervise two or more people 51% of the time you work. The employers reasonable expectation of what your job is also matters in determining whether you are entitled to overtime. Job titles are not dispositive in determining whether you are entitled to overtime. Issues also come up if your employer does not know you are working overtime, or specifically instructed that you do not work overtime. Bonus and commission pay may also have to be factored into your overtime rate. We have also obtained overtime pay for employees who work through meal breaks. In a California lawsuit it is possible to chose between receiving one hour or pay, or pay at one's normal hourly rate. Because employees can only receive up to a total of two hours of pay a day (penalty pay) for missed meal or rest breaks, we may use that penalty for the two missed rest breaks or the first missed meal break and one missed rest break, but ask that the second meal break be paid at an overtime or double time rate because it was missed after the 10th or 12th hour of work.
Just because an employee is paid by the hour does not mean they are entitled to overtime. Likewise, just because an employee is paid a salary opposed to hourly does not mean they are not entitled to overtime. Just because you do the grunt work of the operation without exercising independent discretion does not mean you are entitled to overtime if you work in a job that is part of an industry that has an overtime exemption. There are so many exceptions and various laws controlling the situation, you must speak to an experienced San Bernardino County wage and hour lawyer. Employees who work for private contractors, and perform construction on a government jobsite, who are entitled to prevailing wage pay, might be entitled to overtime at the prevailing rate for their particular trade.
All statements made hereon assume many conditions that may not apply. Wage and hour law is very technical. Please consult with a labor lawyer.
In order to claim overtime you do not have to have records of the hours you worked overtime. Once a case is filed, we will ask for the employment records that show when you worked overtime. If time records showing when you worked overtime were not kept by the employer, you are entitled to estimate your hours and great deference will be given to your estimates.
Let us help you understand what the overtime rules are. We take overtime cases on a contingency and do not charge any legal fees unless we win.
Dealing with unpaid wages can get complicated as there are many set rules and regulations. At Employment Lawyers Group, we are experts and will help you get what you deserve if you have not been compensated for your time. We are your San Bernardino Employment Lawyers serving: Apple Valley, Chino, Chino Hills, Fontana, Hesperia, Highland, Montclair, Ontario, Ranchco Cucamonga, Redlands, Rialto, San Bernardino, Upland, and Victorville.
Some of Our Wage and Hour Settlements
Contact us today or call us at (909) 663-2100 for your San Bernarndino overtime lawyers.
Wage Law Issues
Wage and hour attorneys are needed for a variety of different pay issues. It is possible to represent an employee if they are still employed, and have not received all of their wages due. If the employee has already been fired, laid off, or quit we may be able to obtain an additional California Labor Code Section 203 penalty because not all of the worker's wages were paid when they were terminated, or within 72 hours of their quit without notice. The rules about penalties for late payments are based upon the facts, and are somewhat complex.
Meal and Rest Break violations as well as Prevailing Wage violations are also common legal issues the Employment Lawyers Group handles.
It is best to contact our office at (909) 663-2100 to determine how the law applies to your specific factual scenario.
Our law firm frequently handles cases about:
- Bonus Pay
- Commissions
- Meal Break Violations
- Minimum Wages Not Paid
- Overtime and Double Time
- Prevailing Wage
- Rest Breaks
Practice Areas:
Our Firm: No upfront fees or costs
Contingency Fee Representation
All employment cases for employees are taken on a contingency basis. We are only paid a fee when and if we win your case, and we advance all litigation costs. Our goal is to make expert legal representation accessible to every hardworking employee.
Serving San Bernardino County
We have proudly served all of San Bernardino County since 1993.
The Employment Lawyers Group has successfully handled
2,000+
Separate California Employment Cases
Media Engagements
Sample Case Results
Employment Case
$18,402,868
Jury verdict for male visually harassed and subject to crude comments by a female manager
breach of commission contract
$1,150,000
Unpaid commissions of two plaintiffs
unpaid wages
$875,000
For 4 oil field service industry workers whose times worked were not recorded on timesheets and were on-call
Disclaimer: These results are based on the facts of these specific cases and do not guarantee or predict a similar result in any future case.
Practice Areas
Discrimination
Age, Disability, Family Medical Leave (FMLA/CFRA), Gender, National Origin, Pregnancy, Race, and Sexual Orientation claims.
Unpaid Wages & Overtime
Recovering earnings for Overtime, Bonuses, Commissions, Meal & Rest Breaks, and Prevailing Wage violations.
Sexual Harassment
Compassionate and effective representation for victims of sexual harassment and hostile work environment claims.
Wrongful Termination
Representing employees terminated in violation of public policy, contracts, or California and Federal law.
Leaves & Retaliation
Protecting employees who face adverse actions after reporting illegal activity or taking protected medical leave.
Whistleblowers
Advocating for employees who report fraud, waste, or abuse in their organizations under whistleblower protections.
Our California Locations
Bakersfield
5401 Business Park S, #214,
Bakersfield CA 93309
Sacramento
777 Campus Commons Rd, #200,
Sacramento CA 95825
San Francisco
524 Union St, #400,
San Francisco CA 94133
Additional Sites
About Firm Founder, Karl Gerber
Firm Founder, Karl Gerber, has been an employment wrongful termination attorney since 1993. He has represented a wide range of employees throughout California.
Mr. Gerber has won 51 of the binding arbitrations and jury trials he first chaired, and a number of his appeals are published. This deep trial experience is the foundation of the firm's strategic approach to litigation.
The employment attorneys employed by the Employment Lawyers Group have worked at the firm well in excess of five years, have also tried many different labor cases, and have all been extensively trained on employment wrongful termination by Karl Gerber.
Ready to Discuss Your Case?
Your rights as an employee matter. Contact us for a free, confidential case review.
Prefer to speak directly?
Call Us: (909) 663-2100