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
- $1,150,000 Unpaid commissions of two plaintiffs
- $875,000 For 4 oil field service industry workers whose times worked were not recorded on timesheets and were on-call
- $800,000 Controlled stand by class action settlement
- $800,000 Failure to pay prevailing wage to maintenance technicians on state property
- $800,000 For mis-classified independent contractors
- $775,000 For small class action of employees not allowed meal breaks or cell phone reimbursements while caring for dependent adults
- $750,000 Disability discrimination settlement for employee who had heart problems
- $750,000 Sub-Minimum wage class action settlement
- $675,000 Sexual harassment in a warehouse
- $672,500 For sexual harassment at a truck stop
- $625,000 Whistle blower wrongfully terminated for making safety complaints
- $539,584 Myles v. Wellpoint Termination of Employment Due to Disability and Workers Compensation Injury
- $510,000 Class action settlement of 125 workers on overtime claims
- $500,000 Unpaid days of work to 4 oil rig workers
- $490,000 For sex and age discrimination of women
- $465,000 Sexual harassment at a gas station
- $460,000 Unpaid hours of work for security officers & PAGA Violations
- $450,000 Paystub violations
- $450,000 Settlement for 2 on-call workers
- $450,000 Being on controlled standby
- $430,000 Settlement in 2024 dollars for a Los Angeles warehouse worker forced to violate her medical restrictions imposed by pregnancy
- $400,000 Following arbitration win for meal & rest breaks for 3 employees
- $400,000 Off-the-clock work for 5 employees
- $400,000 Recovery following arbitration win for 4 employees who worked off the clock
- $365,000 Sexual harassment of a delivery driver
- $365,000 After defendant lost their appeal - pregnancy case - Jury Trial
- $365,000 Vasquez v. Del Rio Sanitarium Pregnancy Discrimination Case - Following Jury Trial & Appeal
- $360,000 For missed meal and rest breaks, and overtime for 3 employees, and PAGA penalties for less than 25
- $350,000 For prevailing wage and paystub itemizations
- $350,000 For controlled standby and overtime for one employee
- $350,000 For 2 employees in the vacation rental business who worked off-the-clock, on-call & PAGA
- $350,000 To 2 employees in vacation rental business working off-the-clock overtime
- $350,000 Nurse mis-classified as independent contractor who was on-call
- $350,000 Due to fixed bonus pay not figured into overtime for a directional driller
- $350,000 For directional driller whose fixed rate bonuses were not calculated into his overtime rate
- $325,000 Sexual Harassment on a studio lot by manager
- $315,000 Sexual harassment of a lesbian woman by straight man
- $315,000 Sexual harassment of a pizza delivery driver
- $307,345 For 2 hospital employees oncall
- $305,000 Failure to Reinstate Manager After 7 Month Disability Leave
- $305,000 For 2 IT trouble shooters oncall at a major hospital
- $305,000 Wrongful termination of 2 sales people
- $302,000 Controlled standby pay for two telecommunication workers in a hospital
- $300,000 Verdict of punitive damages in wrongful termination case due to employee's refusal to work without rest breaks
- $300,000 Multiple Worker Claims for Unpaid Wages for Oil Gauge and Calibration Inspectors on Docked Coastal Vessels
- $300,000 Post trial verdict for wrongful termination settlement and minor rest break violations
- $275,000 Unpaid minimum wage, overtime double and double time due to on call work for two technicians at a radio/television station
- $270,000 Sexual harassment & employment termination
- $260,000 For controlled stand by pay
- $260,000 For sexual harassment in a supermarket
- $250,000 For 2 oil field service technicians not paid overtime
- $250,000 For whistle-blower about unpaid overtime
- $250,000 For radiology technician on-call and small PAGA group
- $250,000 Failure to accommodate physical therapy appointments following a stroke, pretextual job termination
- $250,000 Sexual harassment of union studio worker by supervisor
- $250,000 Sexual harassment of older straight woman by straight older woman in hospital
- $246,000 Breach of fiduciary duty arbitration award involving disability discrimination
- $235,000 Mechanic at car dealership not paid twice minimum wage, incentive pay not paid right
- $232,000 Male on male sexual harassment won at a binding arbitration
- $225,000 Sexual harassment by store customers
- $225,000 Sexual Harassment of a Waitress (No Termination Involved)
- $225,000 For two kitchen workers sexually harassed
- $206,151 Larson v. VXI Same Sex Sexual Harassment
- $205,000 Unpaid wages, overtime, labor code section 2699 penalties- arbitration award for multiple plaintiffs
- $205,000 For multiple plaintiffs
- $200,000 Acts of sexual harassment by CEO
- $200,000 For on-call work, retaliation, forced to quit security officer
- $200,000 For prevailing wage and FMLA violations
- $200,000 For a worker fired due to medical issues & complaints of discrimination
- $200,000 For PAGA violations and sexual harassment
- $200,000 For a sales woman in her 60s, age discrimination
- $200,000 Race Discrimination towards Latinos
- $195,000 For Whistle Blower
- $193,500 Sexual Harassment by a registered sex offender
- $193,250 Sexual harassment by a sex offender
- $190,000 Sexual Harassment in the medical coding industry
- $190,000 Sexual harassment without a job termination
- $185,857 Jewish lawyer discriminated against due to religion
- $185,000 For sexual harassment of a woman 35 years older than the harasser
- $182,500 Fired during cancer treatment
- $180,000 Controlled standby pay claims of oil field service employee
- $180,000 Cancer discrimination and termination due to recovery from cancer
- $180,000 Controlled standby pay
- $175,000 Sexual harassment of a part-time employee by manager, forced to quit
- $175,000 Failure to pay minimum wage
- $175,000 Wrongful Termination of Financial Whistleblower
- $175,000 PAGA settlement due to missed meal and rest breaks in a hotel’s kitchens
- $175,000 Unpaid overtime of 2 limo drivers of a small company
- $175,000 Sexual harassment lawsuit
- $175,000 PAGA settlement resort staff who worked off-the-clock
- $175,000 Minor issues of pregnancy discrimination in fast food restaurant, lack of rest breaks
- $174,250 Missed meal and rest breaks
- $170,000 Off the clock work by nonexempt administrator at non-profit
- $166,250 Racial harassment at a big box store
- $165,000 For a car dealership manager denied baby bonding and CFRA Leave
- $165,000 Wrongful termination and whistleblower
- $162,500 Failure to pay commissions, retaliation when went to Labor Board
- $162,000 Sexual harassment at a home owner’s Association
- $160,000 For 3 oil field employees denied meal breaks, worked off-the-clock
- $160,000 Sexual harassment by managers of car lot
- $160,000 Auto dealership sexual harassment by text message
- $155,000 Whistle blower at construction site
- $153,000 Camarillo woman demeaned due to her Christianity
- $150,000 Race harassment at an oil refinery
- $150,000 Sexual harassment to two kitchen workers at a resort
- $150,000 Settlement for failure to reinstate after maternity leave
- $150,000 Wrongful termination of C.N.A. in assisted living facility who blew whistle
- $150,000 Sexual harassment followed by pregnancy discrimination in the parts department of a car dealership
- $150,000 Mental disability & termination of CFO
- $150,000 Sexual harassment by a manager of an adult daycare program
- $150,000 Job Termination of salesperson with cancer
- $150,000 Sexual harassment by a coworker and forced to quit due to slow sexual harassment investigation
- $150,000 CNA complained about rats
- $150,000 Cancer discrimination & wrongful termination of waitress
- $150,000 Forced to quit due to sexual harassment
- $150,000 Disability discrimination & termination
- $150,000 Job not held open during cancer treatment
- $150,000 Sexual harassment of an eight-teen year old restaurant worker
- $150,000 Cancer discrimination & termination of waitress Wrongful Termination of Site Manager
- $150,000 Big box retail employee fired for reporting manager making him work off-the-clock, no meal breaks
- $150,000 Wrongful termination of social worker reporting patient abuse
- $145,000 Settlement for an office manager whose Northridge employer would not allow her to take leave from work due to pregnancy
- $140,000 Not Accommodated and Fired for Mental Disability Leave
- $140,000 Off-the-clock work, breach of contract to pay hourly wage to nurse
- $137,930 Robinson v. Mantra - Binding Arbitration Award in a Pregnancy Discriminations
- $137,500 Failure to reinstate after FMLA
- $135,000 Aerospace executive whistle blower
- $130,000 Employee fired for refusing to falsify records in lawsuit
- $127,500 Wrongfully terminated driver who complained his truck was unsafe
- $127,500 Illegally required medical examination adversely affecting a disabled employee
- $127,450 Improper inquiry about medical abilities
- $125,450 Retail sales manager terminated after complaining about national origin harassment by coworker
- $125,000 Non-payment of wages to CEO
- $125,000 Sexual harassment of a drug counselor
- $125,000 Minor sexual harassment
- $125,000 Pregnancy discrimination case & wrongful termination -
- $125,000 Breach of contract, unpaid wages in the web industry
- $125,000 Sexual harassment at a fast food restaurant
- $125,000 For employee who quit after being misclassified and not receiving overtime.
- $125,000 Wrongful termination
- $125,000 Wrongful termination & minor labor code violations
- $125,000 High tech employer stopped paying the agreed to sum
- $125,000 Age discrimination during layoff
- $125,000 Pregnancy discrimination & termination
- $120,000 Male on male sexual harassment Unpaid wages, overtime, labor code section 2699 penalties- arbitration award of over
- $120,000 For race discrimination
- $120,000 Unpaid wages for tow truck drivers
- $120,000 Racial Discrimination of a warehouse worker
- $120,000 Insurance professional terminated for taking California Family Care Leave (FMLA)
- $120,000 Sexually harassed maintenance supervisor by another male
- $117,702 Disability discrimination, FMLA, and termination of $10.00 an hour employee in binding arbitration
- $117,500 Pregnancy discrimination & termination ($24,000 loss of earnings)
- $115,616 Signal Hill Hindu made fun of due to his religion
- $115,000 Sexual harassment of car saleswoman & minor unpaid commissions
- $115,000 Pregnancy discrimination & termination of customer service employee
- $115,000 Sexual harassment of car saleswoman minor unpaid commissions
- $112,023 Wrongful termination of social worker during trial
- $110,000 (minor lost wages) Cancer discrimination & employment termination
- $109,500 Unpaid prevailing wages for 2 employees of a small company
- $107,500 Wrongfully terminated security manager who let his subordinates know they had rights to meal breaks
- $105,500 Sexual harassment of a lesbian aerospace worker by a man who wanted to turn her straight
- $105,000 Overtime due computer professional
- $105,000 Fired After Depression Leave
- $103,145 Refusal to accommodate pregnant warehouse worker
- $102,500 Family Care Leave Act violations & termination ($20,000 loss of earnings)
- $102,500 Sexual harassment of a waitress (no termination involved)
- $102,500 Sexual harassment of a janitor
- $101,500 Sexual harassment of a janitor
- $100,850 Sexual harassment by restaurant manager
- $100,000 Fired Due to Age of FMLA Leave
- $100,000 Wrongful termination of ambulance driver who blew the whistle
- $100,000 Termination of Mechanic’s Employment in Violation of California Family Rights Act (California FMLA)
No matching results found.
* Past results are not a guarantee or prediction of future case outcomes.
Contact us today or call us at (909) 663-2100 for your San Bernardino 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
Practice Areas
Discrimination
Age, Disability, FMLA/CFRA, Gender, National Origin, Pregnancy, Race, and Sexual Orientation discrimination claims.
Unpaid Wages & Overtime
Recovering earnings for overtime, bonuses, commissions, meal & rest break violations, and prevailing wage claims.
Sexual Harassment
Compassionate and effective representation for 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 under California and federal whistleblower protection laws.
Our California Locations
Bakersfield
5401 Business Park S, #214,
Bakersfield CA 93309
Sacramento
777 Campus Commons Rd, #200,
Sacramento CA 95825
San Francisco / Bay Area
524 Union St, #400,
San Francisco CA 94133
San Jose / Silicon Valley
111 N. Market St, #300,
San Jose CA 95113
Torrance / South Bay
3655 Torrance Blvd, 3rd Floor,
Torrance CA 90503
Additional Sites
About Firm Founder, Karl Gerber
Firm Founder, Karl Gerber, has been an employment and 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 and wrongful termination law by Karl Gerber.
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