San Diego Wage & Hour Lawyer
Wage and hour laws concern various workplace issues such as the rate of hourly pay an employee receives, how much overtime an employee will be paid, whether an employer can make deductions from an employee’s paycheck, and the types of meal and rest breaks to which a San Diego employee is entitled. Both federal and California state laws exist concerning wage and hour laws, and both employees and employers need to learn their rights and responsibilities under those laws. In general, as with many other employment law matters, California state laws tend to provide more protections to employees than federal laws do. As such, many employees who file wage and hour claims following a dispute will file a claim under state law. At the same time, however, federal laws can also come into play in wage and hour disputes in San Diego.
Do you have questions or concerns about wage and hours laws under federal and state law, and their applicability to the San Diego workplace? One of our San Diego wage & hour lawyers can speak with you today.
Understanding Wage and Hour Laws in San Diego
At Scott Wagner and Associates, P.A., we handle a wide variety of wage and hour law disputes and related issues in the San Diego workplace. Examples of some of the cases we handle include but are not limited to the following:
- Unpaid overtime disputes;
- Minimum wage claims;
- Missed meal break allegations;
- Missed rest period allegations; and
- Disputes concerning employee paycheck deductions.
In most cases, wage and hour issues will arise under the California Labor Code, but the federal Fair Labor Standards Act (FLSA) also governs certain wage and hour claims in San Diego.
California Law Requires Higher Minimum Wage Pay
The federal minimum wage is set at $7.25, and employers across the country are required to pay employees at least the minimum wage. However, many states have higher minimum wage laws that require employers to pay more for each hour of work. In some situations, municipalities have even higher minimum wage requirements than those under state law. In San Diego and in the state of California, the minimum wage is $12.00 per hour. On January 1, 2021, the city’s minimum wage will increase to $14.00 per hour. Employers in the City of San Diego must pay the minimum wage ($12.00 per hour until 2021, and $14.00 per hour as of January 2021).
Overtime Pay and Meal Break in San Diego
Under California law, employees must be paid 1.5 times their regular hourly rate for any overtime hours worked in a workweek, which means any hours beyond the 40 hours in a workweek. If a San Diego employee works more than 12 hours in one workday, the required overtime rate increases to two times the employee’s regular pay rate for each additional hour worked.
In addition to overtime pay, California law also requires employers to give meal breaks and rest periods to employees even though the FLSA does not. Employers must abide by state law.
Contact an Experienced Wage & Hour Lawyer in San Diego
When you have questions or concerns about wage and hour law in California, it is important to seek advice from one of the San Diego wage and hour law attorneys at our firm. Contact Scott Wagner and Associates, P.A. to learn more.