Unpaid Overtime in California?

You May Be Owed Back Pay and Penalties

Unpaid or underpaid overtime is wage theft. If you were required to work "off the clock" or were not paid time-and-a-half or double time when required, you may be entitled to recover unpaid overtime, interest, and statutory penalties under California law.

Our overtime attorneys offer free, confidential case reviews to evaluate your claim and pursue the compensation you are owed.

How California Overtime Law Works

Under California Labor Code § 510, non-exempt employees – which form most of the workforce – must be paid premium pay rates for overtime hours worked.

Overtime pay is required when an employee works more than 8 hours a day or 40 hours in a week.

California Overtime Pay Rates

Time-and-a-half (1.5x) the regular rate of pay:

• Any hours worked over eight hours in a workday, up to the 12th hour
• Any hours worked over 40 hours in a workweek
• The first eight hours worked on the seventh consecutive day in a workweek

Double time (2x) the regular rate of pay:

• Any hours worked past the 12th hour in a workday
• All hours worked past the eighth hour of the seventh consecutive day in a workweek

Employers who fail to pay these required overtime rates may be liable for unpaid wages, interest, and statutory penalties.

Types of Overtime Violations

Employers may violate California overtime laws through practices such as:

Underpaying Overtime Rates

• Paying only for a full-day with no overtime pay.
• Paying straight time (regular hourly pay) for overtime hours.
• Miscalculating overtime pay.
• Excluding bonuses or commissions from regular rate of pay.
• Erasing overtime hours through improper payroll practices.

Misclassification

• Misclassifying employees as exempt from overtime.
• Labeling employees as independent contractors.
• Paying flat salaries to non-exempt employees without overtime premiums.

Improper Hour Manipulation

• "Averaging" work hours of multiple shifts.
• Working "off the clock" or requiring unpaid duties before or after shifts.
• Failing to pay for travel time or on-call/standby time.

Unlawful Overtime Substitutes

• Making private employees receive "comp time" instead of overtime pay.
• Failing to apply legally required meal and rest breaks laws when calculating hours worked.

If any of these practices apply to you, you may be owed unpaid overtime wages, penalties, and interest under California law. An overtime attorney can review your pay records and work schedule to determine whether your employer violated the law.

What You Can Recover For Unpaid Overtime Wages

Depending on the number of unpaid overtime hours and the length of the violation, employers may be liable for significant amounts in back pay, interest, and statutory penalties. Employees denied proper overtime wages may be entitled to recover the following:

• Unpaid wages
• Interest on unpaid wages
• Liquidated damages in certain cases (federal cases or state minimum wage claims)
• Attorneys' fees and costs

Waiting time penalties may apply to unpaid overtime cases in which an employee has regularly scheduled overtime shifts and has been made to wait for a final paycheck following a quit or dismissal from a job.

Time Limits for Filing an Overtime Claim

The deadline to file an overtime claim depends on the specific violation involved. Here are some statutory deadlines for overtime claims:

• Improper wage statements or pay stubs – 1 year
• Not paying overtime rates (1.5x or 2x regular pay rate) – 3 years
• Missed meal and rest breaks – 3 years
• Misclassification of employees to deny overtime – 3 years
• Violations of a written contract – 4 years

Because these deadlines are strictly enforced, it is important to evaluate your claim as soon as possible.

How To Recover Unpaid Overtime Wages

If you have not been properly paid for working overtime, you should request a consultation with an employment attorney as soon as possible. In the meantime, you can prepare for a potential overtime wage claim by taking the following steps:

1. Gather your records, including pay stubs, time sheets, calendars, notes or other documents showing your work schedule.
2. Document your hours. Take notes of clock-in and clock-out times, meal and rest breaks, and any hours worked – including "off the clock" hours. Look for any discrepancies between your hours worked and your pay stub.
3. Identify your employer(s). Though most employees work for one employer, some have more than one employer that could be held responsible for withholding overtime pay.

How Our Overtime Attorneys Enforce Your Rights

Overtime disputes can be difficult to handle on your own. California's overtime laws are complex, and employers often have more information and legal resources than their employees. An overtime attorney can help you navigate this process, explain your rights and handle the legal process on your behalf.

1. Review time records and pay stubs – An overtime attorney can review your available pay stubs, time records and personnel records to understand how you were paid and whether your overtime was calculated correctly. If you do not have copies of these records, you may request them from your employer. In some cases, an employer failing to provide these wage records may be violating certain labor laws.
2. Identify unpaid overtime and misclassification – An attorney can compare your hours to your pay records and determine if any overtime wages are missing. This includes reviewing whether you have been misclassified, had unpaid training, were paid straight pay for overtime hours, or were made to work "off the clock" before or after your shifts.
3. Calculate back pay and penalties – Unpaid overtime and related penalties is determined by your regular rate of pay. An overtime dispute attorney can help determine if your regular rate of pay was calculated correctly, including any incentive-based pay, and estimate the amount of compensation you're owed.
4. Handle employer communication – Legal disputes can be complex, distressful and confusing. An overtime attorney can handle communications with your employer or their legal representatives, allowing you to focus on your job or matters in your personal life.
5. Protect against retaliation – California law prohibits employers from retaliating against employees for exercising their labor rights. Retaliation can include firing, suspension, disciplinary threats or actions, reduction in pay, unfavorable transfers or demotions. If retaliation occurs, further legal claims can be made against your employer.

Common Questions About Overtime Pay

What if my overtime wasn't approved?

California law requires employers to pay premium rates for overtime hours worked anyway. Employers can discipline employees for breaking company policies on overtime hours, but they cannot avoid paying overtime rates.

What if I am salaried?

Non-exempt employees that receive a salary are entitled to overtime pay. However, calculating "regular rate of pay" works differently for salaried employees. California labor law calculates the regular rate of pay for salaried employees through the following steps:

• Take the total gross pay for a month's work, including salary bonuses, commissions, incentives, and/or allowances.
• Multiply the monthly gross pay by 12 (months) to get the annual salary.
• Divide the annual salary by 52 (weeks) to get an estimated weekly pay.
• Divide the estimated weekly pay by 40 (hours) to get the regular hourly pay rate.

Can I file a claim while still employed?

Yes. You can file a claim for unpaid overtime wages while working at your job. An employer reducing your hours or terminating employment in response to you exercising your rights is committing retaliation, which can bring forth another legal action.

Do I have to file with the Labor Commissioner first?

No. You are not legally required to file a complaint with the California Labor Commissioner before consulting an attorney or filing an unpaid overtime lawsuit against your employer.

How long do overtime cases take?

The length of time for your overtime claim against your employer will depend on the facts of your case.

Speak With a California Overtime Attorney Today

Overtime claims are subject to strict deadlines. If you believe your employer has failed to pay required overtime wages, do not delay.

Free confidential case review. No upfront fees. We only get paid if we recover compensation.