Unpaid Overtime Attorney in San Francisco
Extra hours should mean extra pay, but that’s not always the case.
If you’ve been working overtime and haven’t been paid properly, you may be entitled to back pay and other compensation under California law. However, filing an unpaid overtime claim in the Bay Area isn’t always simple, especially if your job duties or pay structure are unclear.
This is where an unpaid overtime attorney in San Francisco can help. The right legal team will see if you’re owed money and hold your employer accountable if there’s been a violation.
Why San Francisco Trusts Stoll & Haynes
Think you’re owed money at work? Stoll & Haynes has 30 years of employment law experience handling unpaid overtime, employee misclassification, and other wage and hour disputes.
We offer:
- Proven results for clients, including multi-million-dollar victories
- Free consultations at our law office on Montgomery Street in the Financial District
- Expert knowledge of California employment and overtime laws
Meet Our San Francisco Unpaid Overtime Lawyers
Learn more about our attorney team:
Albert G. Stoll, Jr.
With 30+ years of experience, Al has a strong reputation in the San Francisco legal community. He is an accomplished employment lawyer with an Avvo rating of 9.3/10, handling matters such as wrongful termination and sexual harassment.
Michael Seville
With experience in wage and hour violations, retaliation, discrimination, and contract disputes, Michael proudly represents employees across San Francisco and the Bay Area. He has served as lead counsel in federal and state litigation.
What Is Unpaid Overtime?
According to California Labor Code § 510, most non-exempt employees must be paid overtime when they work:
- More than 8 hours in a workday
- More than 40 hours in a workweek
- 8 hours on the 7th consecutive day of work in the same workweek
Overtime is 1.5 times an employee’s regular rate of pay.
Most non-exempt employees must be paid double time when they work:
- More than 12 hours in a workday
- More than 8 hours on the 7th consecutive day of work in the same workweek
Double time is two times an employee’s regular rate of pay.
Unfortunately, some employers try to avoid their legal obligations. For example, a company might misclassify employees as exempt from overtime or not track worked hours properly.
When something like this happens, you don’t just have to accept it. An unpaid overtime attorney in San Francisco can step in and help you claim any money owed.
California has stronger overtime protections than federal law. Under the Fair Labor Standards Act (FLSA), overtime is generally required after 40 hours in a workweek.
Types of Unpaid Overtime Violations in California
Unpaid overtime can happen in various situations. Sometimes, it’s not obvious that a violation has occurred.
Here are some real-world examples:
Misclassification of employee status
Employers may incorrectly classify workers as exempt to avoid paying overtime. If you’ve been miscategorized, you may be owed unpaid wages and overtime compensation.
Working over legal limits
Some companies don’t calculate extra hours properly, leaving you short-changed. If you’re a non-exempt employee and work over 8 hours a day or 40 hours a week, you should be paid overtime.
Working outside of regular shifts
If you’re expected to work before clocking in or after clocking out, that time usually has to be paid.
Do You Have a Valid Unpaid Overtime Claim in San Francisco?
You may have grounds for a claim if any of the following apply:
- You worked before or after a scheduled shift without pay
- You worked over 8 hours a day or 40 hours a week with no overtime pay
- You were classified as exempt even though you should have been classified as non-exempt and paid overtime
- You were denied overtime for working weekends or holidays
- You weren’t paid for all the hours you worked, including training and meetings
This list isn’t complete, and other situations may qualify for a claim. Speak to an unpaid overtime attorney in San Francisco like Stoll & Haynes to discuss your specific situation.
In San Francisco’s startup culture, employees are often expected to start early, stay late, or work through lunch breaks. Those extra hours aren’t always compensated. For example, a software engineer in SoMa may be entitled to unpaid wages for time worked outside of their normal schedule.
What Compensation Can You Recover in an Unpaid Overtime Claim?
It all depends on the facts of your case, but you may be eligible for:
- Unpaid overtime wages
- Interest on unpaid amounts
- Meal/rest break pay
- Waiting time penalties if your employer didn’t pay all final wages on time (California Labor Code § 203)
- Civil penalties under California law
Documents That Can Support Your Unpaid Overtime Claim
- Pay stubs
- Timesheets
- Work schedules
- Bank statements
- Witness statements from coworkers
San Francisco Unpaid Overtime Attorney FAQs
Under California law, most non-exempt employees are entitled to overtime pay when they work more than 8 hours in a workday, more than 40 hours in a workweek, or 8 hours on the 7th consecutive day of work in the same workweek. If you weren’t paid for any of these hours, you may have an unpaid overtime claim.
Typically, you have 3 years from the date each overtime violation occurred to file a claim for unpaid wages in California. In certain situations, you may be able to go back 4 years under California’s Unfair Competition Law (Business and Professions Code § 17208).
You may be able to file a claim with the California Labor Commissioner’s Office or sue your employer for money owed. A San Francisco employment lawyer can help you weigh up your options.
Talk to an Unpaid Overtime Attorney in San Francisco
If your employer didn’t pay you for all the hours you worked, you may have a claim under California law. However, you’ll want to act quickly to protect your rights.
Disclaimer: This article is for general information purposes only and does not constitute legal advice. Reading it does not create an attorney-client relationship. If you need advice about your specific situation, please contact Stoll & Haynes directly.