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 experinced wage theft lawyer at 909-663-1000 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