San Diego Labor Laws, Wages & Salary Claims

When employers fail to pay you for the services you provide, or fail to allow you to take needed breaks, they are acting unfairly and often times, illegally. Fortunately, strong state and federal laws are in place to protect your right to receive wages and commissions for work performed and for services provided, including overtime wages and paid breaks.

Employees' rights are protected under the Fair Labor Standards Act (FLSA). There are certain exemptions under the FSLA that are frequently misunderstood by employers and employees. The exemptions are very complicated, causing uncertainty about who is exempt and non-exempt under FSLA law. Your employer may tell you that because of your employee classification or other reason, you are not entitled to overtime pay. In many cases, that is not the case. If it is discovered that overtime has been withheld, you may be able to obtain not only back overtime pay, but also the same amount of money as a penalty.

The Fair Labor Standards Act protects against:

• Failure to pay the minimum wage
• Unpaid wages and unpaid overtime
• Employer refusal to pay overtime pay rates
• Employer failure to allow employees to take legally mandated breaks
• Nonpayment of sales commission, including nonpayment after employment ends
• Employer demands for labor without pay or off the clock
• Employer breaches of employment contracts
• Misclassification of an employee's exempt or non-exempt legal status

The attorneys at the Gomez Law Firm represent employees in wage and salary claim lawsuits. If your case has merit, we may be able to obtain back pay for you and have your attorneys' fees paid by your employer.

The Gomez Law Firm is also committed to standing by you throughout the entirety of your case, whether it is resolved outside of court or in the courtroom. Our attorneys have an extensive knowledge and understanding of the Fair Labor Standards Act (FLSA) and other employment related laws that govern the payment of wages and overtime. Whether you are a construction worker who has not been paid overtime, a real estate agent who has not been paid commissions or a waiter/waitress who has not been provided an appropriate wage, our team of labor law attorneys can help.

Our firm believes that employees deserve fair compensation for their work. We know what employees are entitled to, what damages may be available, how to negotiate a fair settlement and how to receive the compensation to which you are entitled. We will fight for your best interests.