San Diego Minimum Wage Attorney
Working a full-time job should afford basic financial security. However, many employees in San Diego and across California struggle because they are not paid the full wages they are owed. The Hamparyan Law Firm has experienced employment law attorneys who help workers recover unpaid minimum wages plus damages.
If your employer fails to pay at least the legal minimum wage per hour for all hours worked, talk to us in a free and confidential consultation. Our legal team can help you file a claim to recover the wages illegally withheld. Call Hamparyan today at (619) 550-1355.
Know Your Rights to Minimum Wage in California
Understanding your rights related to minimum wage is the first step to getting the unpaid compensation you deserve. Here’s the basic facts you need to know about minimum wage in the United States and California:
- In the US, the Fair Labor Standards Act (FLSA) establishes the federal minimum wage and outlines the rules for overtime pay. States and municipalities may set their own minimum pay rates, but they must not be lower than the federal rate.
- When federal, state, and local minimum wages are different, employees are entitled to the highest rate.
- As of 2009, the federal minimum wage in the US is $7.25 per hour. This is current in 2024.
- An employer must pay nonexempt workers the applicable minimum wage. Workers cannot be forced to work for less than this.
- “Exempt” workers are those who are not covered by minimum wage rules. Commonly exempt workers include salaried professionals and seasonal workers.
- Tipped workers may still be covered by minimum wage law. However, their employer can reduce their pay to as low as $2.13 ONLY IF the wage plus tips reaches the same amount as the federal minimum rate.
- In California, the Division of Labor Standards Enforcement (DLSE) oversees the state’s wage and hour rules. Within this division, the California Labor Commissioner’s Office is where workers may file wage claims or report labor law violations.
By familiarizing yourself with these laws, you can recognize when your rights are being violated and take the necessary steps to address the issue. If you believe you are owed compensation, you have options such as filing a claim with the Department of Labor or seeking legal assistance.
What is The Current California Minimum Wage?
As of January 1, 2022, the minimum wage in California is $16 per hour for all employers regardless of size. On April 1, 2024, the state also enacted a special minimum wage of $20 per hour for fast food restaurant employees.
Some localities like San Diego have slightly higher minimum wages than the state level. Employees are entitled to the highest minimum wage that applies to them. If you are paid less than the minimum rate that applies to you, you may file a minimum wage claim.
Who is Entitled to Minimum Wage?
Most hourly non-exempt employees in California have the right to earn at least the minimum wage. This includes full-time, part-time, and temporary workers. Exceptions may apply for certain disabled workers, independent contractors, unpaid interns or trainees, outside salespeople, and a few other narrow categories.
If you are unsure whether you qualify for minimum wage protections, consult our employment law attorneys for guidance specific to your role.
What Counts as Work Time?
Any time you spend carrying out job duties or activities for the benefit of your employer qualifies as work time that generally must be paid at least minimum wage. In addition to your scheduled shifts, this includes:
- Mandatory meetings, lectures, or training sessions
- Waiting time in between performing tasks
- Security checks or putting on protective gear
- Opening or closing duties before or after shifts.
Meal and rest breaks are not counted as work time. But if your breaks are interrupted with job tasks or routinely denied, that time may also be owed compensation.
Common Minimum Wage Violations
While California’s labor laws clearly establish rights to minimum wage, many employers skirt these protections. Hamparyan lawyers commonly see the following violations in San Diego minimum wage cases:
Failing to Pay for All Hours Worked
Some of the most straightforward yet common minimum wage claims involve employers simply not paying for all hours logged. For instance, your employer:
- Only pays you based on your scheduled shift hours rather than your actual punch in or out times
- Automatically deducts meal breaks even if you worked through them
- Fails to include time spent opening, closing, or preparing your work station before or after shifts.
Misclassifying Employees as Exempt
Some employers try to avoid minimum wage requirements by mislabeling employees as “exempt.” For example, an employer may misclassify a worker as an administrative employee with salary pay above a certain threshold. But unless you truly serve in an exempt position, you cannot be denied minimum wages.
Illegal Deductions
Instead of paying minimum wage, some employers cover costs like uniforms, supplies, association dues, education, and licenses by deducting from paychecks. Under the FLSA, employers cannot deduct these costs from their employees’ pay if that results in wages under the legal minimum.
Off-the-Clock Work and Overtime
Pressuring employees to work “off-the-clock” before or after shifts is another way employers avoid minimum wage laws. Automatic clock-out systems for meal breaks also result in unpaid work time if breaks are denied or interrupted.
Common violations also include piece-rate pay, late or missed payments, and more. If you suspect that your employer is in violation of California’s labor code, contact our local California unpaid minimum wage attorney as soon as possible.
Your Rights in a Minimum Wage Claim Case
If your employer violates minimum wage laws, California gives you legal rights to recover those unpaid wages.
Overview of the Claim Filing Process
You have a few options to exercise your rights to owed minimum wages:
- File a Wage Claim with the California Labor Commissioner’s Office
- File a lawsuit in civil court against your employer.
The Labor Commissioner provides mediation and settlement conferences to try resolving the claim more quickly without going to court. But you retain the right to take your case to trial if you reject settlement offers. An experienced minimum wage lawyer can advise whether it’s best to go through the Labor Commissioner or straight to court depending on the circumstances.
Key Steps If You are Owed Minimum Wages
The following checklist summarizes what to do if you need to file an unpaid minimum wage claim:
Track Your Time Carefully.
Start logging all work hours including overtime on a daily basis. If you can, gather proof beyond your punch-in logs. Take photos and note down the dates and times you worked outside your shift. This documentation will prove essential to showing exactly how much you are owed.
Save Relevant Documents
Retain copies of pay stubs, employment contracts stating pay rates and job duties, employee handbooks covering pay policies, and any communications with managers related to hours worked or compensation.
Consult a Minimum Wage Attorney
Meet with a lawyer experienced in minimum wage cases to discuss your situation. They can assess your claim details and evidence to advise if you have a strong case.
Decide Whether to File Claim or a Lawsuit
After consulting counsel, decide whether to proceed with an official claim. If damages are significant, having an attorney increases chances of recovering maximum compensation.
If you believe your employer owes you unpaid minimum wages in violation of California labor law, the Hamparyan Law Firm can help. Call us at (619) 550-1355 for a free case evaluation. Our legal team will discuss your work arrangements, review your documentation, and provide expert guidance on recovering everything you are legally owed.
Why Choose The Hamparyan Law Firm?
With extensive experience specifically in employment law cases, Hamparyan lawyers have the skillset to give your unpaid wage claim the best shot at success.
Decades of Law Expertise
Since 1996, our attorneys have served Californians who needed their rightful compensation. We have an in-depth understanding of state wage regulations and the claim filing process.
Over $100 Million Recovered for Clients
We have an impressive track record recovering favorable financial settlements for our clients. We assist workers in cases involving unpaid minimum wages, overtime, wrongful termination, harassment, discrimination, and other violations.
Available for Free Case Consultations
We provide each prospective client with a free, no-obligation consultation. This gives us an opportunity to understand the circumstances around your unpaid wage situation before you decide whether to retain our legal services.
San Diego Law Leaders
Based locally right here in San Diego, we have extensive experience representing clients from our own community. We’ve had the honor of being rated #1 for San Diego clients and receiving numerous five-star reviews from Southern Californians.
Trial-ready in California Wage Claims
If other options fail to make your employer pay proper wages, we’re equipped to go to court for you. Our litigation-ready team has the experience and skills to proceed to trial if that is the best path toward the maximum financial recovery you deserve.
Frequently Asked Questions
What can I recover if I win my unpaid minimum wage claim?
If you win your claim or lawsuit for unpaid minimum wages, the types of compensation can include:
- Unpaid minimum wages
- Interest on the unpaid wages
- Liquidated damages equal to the amount of unpaid minimum wages
- Reimbursement for legal costs and fees
Liquidated damages and legal fees are among the protections in place to deter employers from violating wage laws. Recovering them significantly increases your total settlement, making the case filing process worthwhile.
Should I just file a claim with the Labor Commissioner instead of getting a lawyer?
You can start the claim process yourself through the labor commissioner without a lawyer. However, the mediation process may not result in an ideal settlement for you, as this can often favor employers. An experienced minimum wage attorney levels the playing field and makes sure you get full and fair compensation.
What is the statute of limitations on minimum wage claims?
Under California law, you have three years from the date of a minimum wage violation to file a claim or lawsuit to recover unpaid wages. This deadline can be extended to four years if the violation was a breach of contract or part of unfair business practices. Be sure to take action well before the expiration.
Can my employer fire me for making a minimum wage complaint?
No, retaliation for exercising your wage rights is illegal. If you experience threats, demotion, harassment, or termination for reporting unpaid wages, you can file an additional claim for retaliation damages.
Do I have to report my unpaid wages on my taxes?
No, unpaid or disputed wages that you are still trying to recover should not be reported on your tax returns. You only need to report additional wage income if you actually recover the amounts owed.
Can I file a claim if I was paid in cash under the table?
Yes, you still have the right to minimum wages even if you were working illegally paid in cash. An attorney can best advise how to file the claim without incriminating yourself or putting your job further at risk.
Is there a government agency that investigates minimum wage complaints?
California’s Labor Commissioner’s Office, also known as the Division of Labor Standards Enforcement (DLSE), is the agency responsible for investigating wage violation claims and enforcing the state’s labor laws.
Should I try to negotiate directly with my employer first?
While asking nicely sometimes works to get an employer to pay what they owe, it often takes legal pressure for them to take minimum wage issues seriously. Involving a lawyer usually gets faster and better financial results.
How long do minimum wage cases usually take to resolve?
Many wage cases resolve within a few months after filing through quick settlements. But occasionally, cases drag on closer to a year if extensive litigation and trial preparation becomes necessary. An attorney can provide case expectations specific to your situation.
Is Your Employer Paying Less Than Minimum Wage? Contact Us Today.
Minimum wage laws for California employees exist precisely to promote basic financial security for California’s lowest income workers. Unfortunately, laws alone cannot force compliance from employers determined to illegally cut costs.
That’s where employment law specialists from the Hamparyan Law Firm come in. Our experienced team can provide legal guidance, filing assistance, and sharp representation to get you properly compensated under California law.
If you performed work that your San Diego employer failed to properly compensate at minimum wage rates, don’t wait to exercise your rights, contact us today. Call Hamparyan Personal Injury Lawyers today at (619) 550-1355 for a free consultation. We can review your case details, assess the full scope of wages owed, and discuss the best options to recover the maximum compensation the law entitles you to.
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