Working overtime hours can feel like a sacrifice to your personal life. If you work more than eight hours per day or 40 hours per week, California labor laws require employers to pay you certain rates for overtime hours worked.
Unpaid or underpaid overtime is a common form of wage theft. If your employer has not properly compensated you for your hours worked, our overtime lawyers can help you recover much-needed back pay and other compensation that you might be owed.
In California, non-exempt employees are entitled to overtime pay when they work more than eight hours in a day or more than 40 hours in a workweek. Eight hours is considered a full day’s work under California law.
Most California employees are non-exempt, meaning these overtime protections apply to a wide range of workers. Non-exempt employees generally include anyone 18 years or older, as well as minors ages 16–17 who are not legally required to attend school and are not otherwise prohibited from working.
California law applies different overtime pay rates depending on how many hours an employee works. Non-exempt employees are entitled to:
One and a half times (1.5x) their regular pay rate for:
Double the regular pay rate (2x) for:
Still confused? Here are a few examples of overtime pay in a work week, based on the average California non-exempt employee’s pay rate of roughly $20 per hour.
Overtime pay can vary based on daily hours, weekly hours, and consecutive days worked.
| Work Scenario | Pay Rate |
|---|---|
| Standard full-time schedule (8-hour days, 40-hour week) |
40 hrs × $20 = $800 per week No overtime |
| One longer workday (9-hour day) |
8 hrs × $20 = $160 1 hr × $30 = $30 Total day’s pay: $190 |
| Long shift with double time (13-hour day) |
8 hrs × $20 = $160 4 hrs × $30 = $120 1 hr × $40 = $40 Total day’s pay: $320 |
| Six-day workweek (8-hour days, 6 days a week) |
40 hrs × $20 = $800 8 hrs × $30 = $240 Total weekly pay: $1,040 |
| Seven consecutive days of work (8-hour days) |
First six days = $1,040 8 hrs × $30 = $240 Total weekly pay: $1,280 *All hours past the first 8 hours on the 7th day are paid at double time. |
Employers may use a variety of practices that result in employees not receiving overtime pay they are legally owed. Common examples include:
Employers may pay straight time for overtime hours, instead of time-and-a-half or double time.
For example, they may average a 9-hour day and a 7-hour day and treat them as two “normal” 8-hour shifts.
Your employer may calculate your overtime rates based on your hourly rate only, excluding incentive pay from your “regular pay rate.”
Not all salaried employees are exempt. If you do not meet the criteria for an exempt employee, you may still be owed overtime compensation.
Employers sometimes ask employees to perform certain job duties before clock-in or after clock-out without pay.
You may still be owed overtime even if:
If any of these sound familiar, an unpaid overtime attorney can review your pay records and work schedule to see if an overtime pay violation has occurred.
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.
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, an attorney can help request these records on your behalf. In some cases, an employer failing to provide these wage records may be violating certain labor laws.
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.
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.
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.
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, including wrongful termination.
Overtime claims are subject to time limits, and delays can make it harder to recover unpaid wages.
A free case review can help you understand whether you still have time to pursue an overtime claim.