San Diego Wage & Overtime Disputes

Standing Up for Fair Pay and Honest Work in San Diego 

You work hard for your paycheck, and you deserve to be paid every dollar you earn. Unfortunately, wage theft is far too common in California workplaces. Employers sometimes cut corners, ignore overtime laws, or misclassify workers to save money at employees’ expense. 

At The Gould Firm, we help San Diego workers understand and enforce their rights under California’s wage and hour laws. Whether your employer has failed to pay overtime, denied breaks, or labeled you an “independent contractor” to avoid benefits, our attorneys are here to make it right. We represent employees, not employers, and our mission is simple: to hold companies accountable and recover the full wages our clients are owed. 

Understanding California’s Wage and Hour Laws 

California’s Labor Code and Industrial Welfare Commission (IWC) wage orders provide some of the most comprehensive wage and hour protections in the nation. These laws govern everything from how employees are classified to how they’re paid for their time. Here are the key rights every California worker should know: 

1. Overtime Pay 

In California, employers must pay non-exempt employees when: 

• 1.5 times their regular rate for hours worked over 8 in a day or 40 in a week 
• Double time for hours worked over 12 in a day, or over 8 hours on the seventh consecutive workday 

Many employers try to skirt overtime laws by misclassifying employees as exempt or by encouraging “off-the-clock” work, both of which are illegal under California law. 

2. Meal and Rest Breaks 

California law requires: 

• A 30-minute unpaid meal break for every 5 hours worked 
• A 10-minute paid rest break for every 4 hours worked 

If your employer denies or interrupts these breaks, they must pay you one additional hour of pay per violation. Skipped breaks are one of the most common wage violations we see in San Diego. 

3. Off-the-Clock Work 

Any work performed before clocking in, after clocking out, or during breaks must be compensated. Employers who expect employees to prepare for shifts, clean up after hours, or answer calls off-site without pay are violating wage laws. 

4. Accurate Timekeeping and Pay Records 

Employers are legally required to keep accurate records of employees’ hours and wages. “Time shaving,” falsifying timecards, or manipulating payroll records to avoid paying full wages are serious violations that can result in significant penalties. 

Standard Wage & Hour Violations in San Diego Workplaces 

At The Gould Firm, our attorneys have helped workers across San Diego recover unpaid wages and penalties from employers large and small. Here are the violations we see most often: 

1. Unpaid Overtime 

Employers often try to claim workers are “salaried” or “exempt” to avoid paying overtime. However, your job duties, not your title or pay structure, determine whether you’re exempt. Even managers or professionals can be entitled to overtime if their primary duties don’t meet California’s strict exemption tests. 

2. Minimum Wage Violations 

California’s statewide minimum wage increases regularly, and many cities and counties (including San Diego) set even higher local rates. Employers who fail to keep up with these rates or make illegal deductions from paychecks can be liable for back pay and penalties. 

3. Off-the-Clock Work and Time Shaving 

We frequently see cases where employees are expected to: 

• Work before clocking in or after clocking out 
• Attend meetings or training off the clock 
• Answer emails or calls during unpaid breaks 
• Travel between job sites without pay 

All this time is legally compensable work under California law. 

4. Meal and Rest Break Violations 

Employers sometimes pressure workers to skip or shorten their breaks to meet deadlines. Others fail to provide a break at all. These violations add up, and California law allows employees to recover an hour of pay for every missed or interrupted break. 

5. Tip and Commission Mismanagement 

In restaurants, sales, or service industries, employers sometimes unlawfully pool tips, miscalculate commissions, or withhold bonuses. These practices are prohibited under California’s wage and hour regulations. 

Independent Contractor vs. Employee Misclassification 

Misclassification is one of the most widespread and costly violations in today’s workplace, especially amid the rise of gig-economy jobs, remote work, and freelance contracting. 

The California ABC Test (AB 5 Law) 

Under Assembly Bill 5 (AB 5), California uses the “ABC Test” to determine whether a worker is truly an independent contractor. To classify someone as a contractor, an employer must prove all three of the following: 

A) The worker is free from the company’s control and direction in performing the work. 
B) The worker performs tasks outside the usual course of the company’s business. 
C) The worker is customarily engaged in an independently established trade or business. 

If any of these conditions aren’t met, the worker is legally considered an employee, entitled to minimum wage, overtime, meal and rest breaks, workers’ compensation, and other benefits. 

Workers Commonly Misclassified 

We regularly represent individuals in San Diego and throughout California who have been wrongly labeled as independent contractors, including: 

• Delivery drivers and rideshare workers 
• Remote freelancers and tech contractors 
• Sales representatives and commission-based workers 
• Healthcare and caregiving professionals 
• Construction and trade workers 

Misclassified workers lose not only overtime pay but also benefits like unemployment insurance, paid leave, and employer-paid taxes. 

Why Employers Misclassify Workers 

The motive is simple: to cut costs. By classifying someone as a contractor, employers avoid paying payroll taxes, benefits, and overtime. But these savings come at the worker’s expense, and California law allows employees to recover significant back pay, penalties, and attorneys’ fees when misclassification is proven. 

Next Steps for Employees 

If you suspect your employer is underpaying you or misclassifying your role, here are practical steps you can take: 

• Keep Detailed Records: Save pay stubs, timecards, schedules, and any written communication about your hours, pay, or job duties. These documents are key evidence in wage claims. 
• Track Your Hours Independently: Use a personal log or app to track the time you actually work, including prep time, travel, and off-the-clock duties. This can help identify patterns of unpaid labor. 
• Avoid Signing Away Your Rights: Employers sometimes ask workers to sign arbitration agreements, “independent contractor” acknowledgments, or severance releases. Do not sign anything until you’ve spoken with an attorney who understands California wage law. 
• Speak Confidentially with an Attorney From The Gould Firm: You don’t have to file a complaint alone. The Gould Firm offers confidential consultations to help you understand whether your employer has violated wage and hour laws and how best to pursue a claim. 
• Act Quickly: California law limits how far back you can recover unpaid wages (generally up to 4 years for wage-and-hour violations). Acting promptly helps preserve evidence and maximize recovery. 

The Gould Firm’s Approach to Wage & Hour Claims 

At The Gould Firm, we know that wage disputes are about more than just money; they’re about fairness, respect, and accountability. Our San Diego-based attorneys take a strategic, evidence-driven approach to every case, empowering and protecting clients throughout the process. Whether through negotiation, mediation, or litigation, we fight to recover unpaid wages, penalties, interest, and attorneys’ fees in full. Our reputation in San Diego’s employment law community helps us resolve many cases efficiently and effectively. We thoroughly review your pay records, time logs, and employment classification to uncover every possible violation. Employers often break multiple wage laws without realizing it, and we pursue full compensation. 

Transparent, Compassionate Counsel 

We keep you informed every step of the way. Our team takes the time to explain your rights and options in plain language, so you always know where your case stands. We represent employees on a contingency fee basis, meaning you pay nothing up front. We only get paid when we recover compensation for you. 

Choose Experience. Choose The Gould Firm. 

Based in San Diego, The Gould Firm is dedicated entirely to California labor and employment law. We don’t handle corporate defense; our loyalty is 100% to employees. If you believe your employer has: 

• Failed to pay overtime or minimum wage 
• Denied meal or rest breaks 
• Misclassified you as an independent contractor 
• Required unpaid off-the-clock work 

Contact The Gould Firm today for a confidential consultation with a San Diego wage and hour attorney. We’ll help you understand your rights, evaluate your case, and fight to recover every dollar you’ve earned.