San Diego Wage & Hour Lawyers

Overtime Violations: What You Need to Know

Of all the wage and hour disputes we handle at Gietzen, some of the most common are overtime violations. California law requires non-exempt employees to receive overtime pay at 1.5 times their regular rate for hours worked beyond eight in a day or 40 in a week, and double time for hours beyond 12 in a day or beyond eight on the seventh consecutive workday.

How do violations occur? Issues frequently stem from:

• Misclassifying employees as exempt when they don't meet legal criteria
• Failing to track all hours worked, including off-the-clock work
• Incorrectly calculating the regular rate of pay for overtime purposes
• Averaging hours across workweeks to avoid overtime obligations
• Requiring employees to work through meal or rest breaks without compensation

California's overtime laws are strict, and violations can result in substantial penalties, including back pay, interest, penalties, and attorneys’ fees. For employers, proactive compliance protects your business from costly litigation. For employees, understanding your rights can help you make sure you’re compensated fairly and know when to pursue legal recourse for an employer’s wrongdoing.

How We Handle Your Wage & Hour Claim — Clear Steps and What to Expect

Facing unpaid wages or misclassification can feel overwhelming. At Gietzen PC, we walk you through a clear, practical process designed to protect your rights and maximize your recovery. Below is what you can expect after you contact us — so you’ll know the path forward from day one.

• Free case review: We’ll evaluate the details of your situation at no cost and explain whether you have a viable claim under California wage & hour laws.
• Evidence checklist: To build a strong case, we’ll help you gather the most useful documents and records (pay stubs, schedules, offer letters, time records, communications, and any company policies).
• Investigation and strategy: Our team conducts a targeted investigation — interviewing witnesses, reviewing payroll practices, and assessing whether the issue extends to other employees (which can lead to a class or representative action).
• Negotiation first, litigation if needed: We pursue fair settlements through negotiation and mediation, but we’re prepared to take cases to trial when necessary to ensure you get full compensation.
• Contingency-fee representation: We typically represent wage & hour clients on a contingency basis — you pay nothing upfront, and we only get paid if we recover money for you.
• Regular updates: You’ll receive clear, timely updates about progress, settlement offers, and next steps so you’re never left wondering what’s happening with your claim.

Helpful Documents to Bring to Your First Meeting

Bringing these items speeds up the review and strengthens your claim. If you don’t have everything, don’t worry — bring what you can and we’ll work from there.

• Recent pay stubs and W-2s or 1099s
• Employment contract, offer letter, or handbook
• Timecards, schedules, or shift records
• Text messages, emails, or notes about hours worked or denied breaks
• Any correspondence about termination, discipline, or pay disputes

If you suspect wage theft, misclassification, unpaid overtime, missed meal/rest breaks, or illegal deductions, contact Gietzen PC for a free, confidential consultation. We fight for full recovery of wages, penalties, and attorney’s fees so you don’t have to bear the burden alone.

Discuss Your Situation with Our San Diego Wage & Hour Lawyers

When you need an employment lawyer to handle a wage and hour issue, don’t go with just anyone. Choose the next generation of attorneys at Gietzen. We’re here to protect your business and livelihood with advanced, results-driven solutions that save time, money, and stress. 

Learn more about how we can assist you in a free in-person or virtual consultation. Call (619) 374-8179 or get in touch online to schedule yours.