San Diego Wage and Hour Lawyer

You'll find our San Diego team at 3511 Camino del Rio S., Suite 400, San Diego, CA 92108. We meet clients there by appointment, and you can start a free case review by phone or online at any hour, in English or Spanish. Our San Diego office page has directions, and our San Diego employment lawyers page covers the other workplace claims we handle here.

Wage cases our team resolved in San Diego County:

• $3 million (2024, San Diego): a class settlement for hourly employees who alleged unpaid wages and meal and rest break violations, and sought break premiums and repayment of work costs.
• $2.1 million (2023, San Diego County): a class settlement for franchise restaurant workers who alleged off-the-clock work, late meal and rest breaks without premium pay, and work gear they paid for themselves.
• $116,000 (2026, San Diego): a restaurant employee alleged that edited time sheets cut overtime pay, that extra hours were paid at straight time, and that meal and rest breaks were missed.

See more of our results on our settlements and verdicts page. Past results do not guarantee a similar outcome. Every case is different.

The Labor Commissioner. The state's Labor Commissioner hears wage claims, and its San Diego office is at 7575 Metropolitan Dr., Room 210, San Diego, CA 92108. Walk-in help runs weekdays from 9 a.m. to 12:30 p.m. and 1:30 to 5 p.m. A claim can also be filed online, by email, or by mail (DIR, How to file a wage claim). Either side can appeal the decision to superior court within 10 days of service (Lab. Code § 98.2(a)).

The City. The City's Office of Labor Standards and Enforcement, now part of the City Attorney's Office, enforces the City minimum wage and earned sick leave rules. It takes written complaints online, by mail, or by email, and offers help by phone, but not in person. A complaint is due within two years of the violation (SDMC § 39.0113(c)(1)). You can also sue in court without filing with the City first (§ 39.0112(a)).

The court. San Diego Superior Court splits civil cases between its Central Division, with its civil business office at the Hall of Justice, 330 W. Broadway, and its North County Division at 325 S. Melrose Dr. in Vista. East and South County cases go to Central (Local Rule 1.2.2(E)). A new case is assigned either to the master calendar or to one judge for all purposes (Local Rule 2.1.3).

The City of San Diego sets its own minimum wage for each hour worked inside city limits. It covers employees who work at least two hours in a week in the City, in every industry, with a few exceptions such as independent contractors (City of San Diego; SDMC § 39.0104). The rate was $17.25 in 2025 and is $17.75 in 2026. The City announced on September 30, 2026 that it rises to $18.35 on January 1, 2027, under the ordinance's yearly cost-of-living adjustment (City Attorney).

Tips don't count toward the City minimum wage. Workers also earn one hour of paid sick leave for every 30 hours worked in the City. An employer may cap use at 40 hours a year, but unused hours carry over (SDMC § 39.0105).

Some hospitality workers have a higher floor. Since July 1, 2026, the City's hospitality minimum wage is $19.00 an hour at hotels with 150 or more rooms and at qualifying amusement parks. It's $21.06 at Petco Park, Pechanga Arena San Diego, the Convention Center, and the Civic Theatre (City of San Diego). Those rates rise to $20.50 and $22.00 on July 1, 2027.

When an employer violates the City ordinance, a worker can recover back wages and liquidated damages equal to double the back wages withheld. A worker who wins in court can also recover attorney fees (SDMC § 39.0112).

Underpaid wages can come from many small pay practices. Pay problems that often lead to wage claims:

• Unpaid overtime: time and a half after 8 hours in a day or 40 in a week, and double time after 12 hours in a day (Lab. Code § 510(a)). Paying extra hours at straight time can leave overtime unpaid.
• Missed meal and rest breaks: a 30-minute meal period for a shift over five hours and a second one over 10 hours, though some shorter shifts allow a mutual waiver (§ 512(a)). For each workday a required meal or rest break isn't provided, the employer owes one extra hour of pay at your regular rate (§ 226.7(c)).
• Off-the-clock work: time spent working before clocking in, after clocking out, or during an unpaid break may still be owed at the minimum wage or overtime rate (§ 1194(a)).
• Work expenses: an employer must repay necessary costs of doing the job, such as a personal phone the job requires you to use (§ 2802(a)).
• Pay stubs: each paycheck needs an accurate statement of hours, every hourly rate, deductions, and the employer's legal name and address (§ 226(a)).
• Final pay: wages are due immediately when you're fired, and a willful delay can add up to 30 days of wages as a penalty (§ 201(a), § 203(a)).

Being labeled an independent contractor or an exempt employee can hide several of these at once; our employee misclassification page explains how. Our California unpaid wages page covers the state rules in more depth.

When one pay practice affects a whole crew, there's a good chance it can be brought for everyone at once. Two of our three San Diego results above were class settlements.

A PAGA claim is another route. It lets an employee recover civil penalties for Labor Code violations on behalf of the State and affected coworkers. It starts with a written notice to the Labor and Workforce Development Agency, and the lawsuit is due within one year (Code Civ. Proc. § 340(a); Lab. Code § 2699.3).

Signing an arbitration agreement when you were hired may not end the question. Our guide to employment arbitration agreements explains which claims can still go to court.

Retaliation is illegal. An employer may not fire, demote, or cut the hours of someone for a wage complaint (Lab. Code § 98.6). You can file a retaliation complaint with the Labor Commissioner without a Social Security number or photo ID, and the office won't ask about your immigration status (DIR).

Deadlines at a glance:

• Minimum wage, overtime, and break premiums: three years (Code Civ. Proc. § 338(a)).
• Pay promised in a written agreement, such as a commission plan: four years (§ 337(a)).
• Restitution of wages under the Unfair Competition Law: four years (Bus. & Prof. Code § 17208).
• A complaint to the City about its minimum wage or sick leave rules: two years (SDMC § 39.0113(c)(1)).
• PAGA penalties: one year, not counting the state's notice period (Code Civ. Proc. § 340(a); Lab. Code § 2699.3(e)).
• A retaliation complaint to the Labor Commissioner: one year, extendable for good cause (Lab. Code § 98.7(a)(1)).

Our California employment deadlines guide lists the rest, with the exceptions that can extend them.