San Diego Unpaid Overtime Lawyer
Representing Employees and Employers in Overtime Wage Disputes Across California
Overtime pay is a right for most California workers and a legal obligation for most employers. Yet unpaid overtime remains one of the most common and contested wage violations in the state. Whether the issue involves misclassification, off-the-clock work, timekeeping errors, or policy misinterpretation, overtime disputes can quickly escalate and carry serious financial and legal consequences for all parties involved.
At In Motion Law, APC, we help both employees and employers in California understand overtime laws and resolve wage disputes with integrity and efficiency. Our lead attorney, Jack H. Pogosian, is a litigation-focused trial lawyer with experience on both sides of employment matters. He understands the challenges workers face in getting paid for every hour they work, and he also knows the pressure employers are under to stay compliant in a fast-changing legal environment. No matter what side of the table you’re on, our San Diego unpaid overtime lawyer offers experienced counsel backed by genuine client care.
Understanding California’s Overtime Laws
California has stricter overtime rules than federal law. Under the California Labor Code, non-exempt employees are generally entitled to time-and-a-half their regular rate when they work more than eight hours in a workday or 40 hours in a workweek. Double time must be paid for work over 12 hours in a day or for hours worked beyond the eighth hour on the seventh consecutive day of a workweek.
Overtime pay applies regardless of whether the extra hours were requested or merely permitted. An employer cannot avoid paying overtime simply by arguing that the employee chose to work late or was not explicitly authorized to stay past scheduled hours. If the employer knew or should have known about the work, it likely counts and must be paid accordingly.
Overtime issues often arise due to employee misclassification. Exempt employees — such as certain professionals, executives, and administrative workers — are not entitled to overtime, but misclassification is common. Job title alone does not determine exempt status; the actual job duties and level of discretion exercised are what count. Employers who misclassify workers as exempt may find themselves liable for significant back pay and penalties.
Other unpaid overtime claims stem from off-the-clock work, including activities performed before or after a shift, during breaks, or while commuting under certain conditions. In today’s digital work environment, checking emails after hours or logging into systems remotely can qualify as compensable time. Employers must have clear policies and effective timekeeping systems in place to avoid disputes.
The Process for Employees Seeking Overtime Pay
For employees, discovering that you’ve been underpaid can be frustrating and confusing. In many cases, you may not even realize that the law entitles you to more than what your paycheck reflects. If you suspect you haven’t been paid overtime properly, your first step should be to speak with an experienced employment lawyer who can review your work situation, examine your pay records, and assess whether a violation has occurred.
Depending on your circumstances, you may have several legal avenues to pursue. You might file an individual wage claim with the California Labor Commissioner or initiate a civil lawsuit in court. If multiple employees have been affected by the same policy or practice, a class action or representative action under the California Private Attorneys General Act (PAGA) may be appropriate. In any scenario, you could be entitled to recover not only unpaid wages but also interest, statutory penalties, and attorney’s fees.
In Motion Law, APC is here to help you evaluate your case honestly and build a strong claim based on clear legal analysis and compelling evidence. Jack Pogosian doesn’t take shortcuts. He puts in the work to understand your story and present your claim in the strongest possible light.
How We Help Employers Avoid or Defend Overtime Claims
From the employer side, unpaid overtime claims are not only disruptive; they can be devastating. A single claim can prompt audits, inspire other workers to come forward, or even lead to class litigation. Business owners may face penalties, back pay orders, and reputational harm, even if the violation was unintentional.
That’s why prevention is key. We work with employers to ensure proper employee classification, accurate time tracking, and legally compliant overtime policies. We also conduct internal audits to identify potential wage risks before they become legal liabilities. If a claim does arise, we step in early to investigate the facts, assess exposure, and develop a defense strategy that fits your business goals and legal position.
Litigation isn’t always the right path, and we often resolve overtime disputes through negotiation, mediation, or settlement, but when litigation is necessary, we’re prepared. Jack Pogosian’s trial experience gives employers a strong edge in court and during pre-trial motion practice. He understands how employee-side lawyers build their cases and knows how to push back with precision and professionalism.
A Balanced Approach to Wage Disputes in San Diego
At In Motion Law, APC, we believe in quality legal representation not just for its own sake, but because the stakes are real for our clients. If you’re a worker who hasn’t been paid fairly, we’re here to stand up for your rights and help you get what you’ve earned. If you’re an employer trying to do things right, we’re here to guide you forward and defend your business when necessary.
Our approach is thorough, honest, and driven by results. We don’t treat people like case numbers — we treat them like people. That means listening to your concerns, explaining your options in plain language, and following through with hard work and smart strategy. It’s how Jack Pogosian practices law, and it’s what our firm stands for.
Get the Help You Deserve With Unpaid Overtime Claims in San Diego
Unpaid overtime cases can get complicated quickly. Don’t wait to find out if you have a valid claim or if your business is at risk. Whether you’re pursuing back wages or defending against allegations, In Motion Law, APC, offers the insight and experience you need to move forward confidently.
Call our San Diego office today to schedule a consultation. We represent clients throughout San Diego County, Los Angeles County, and across California in wage and hour matters, and we’re ready to help you resolve yours.
