
Understanding Overtime Pay Rights
Learn how California's overtime laws protect your paycheck and what to do if your employer isn't paying what you deserve.
Overtime Pay Basics
California is known for strong worker protections, especially when it comes to overtime pay. If you’ve ever wondered whether you’re being paid fairly for your extra hours, you’re not alone. Many employees in California face confusion about their overtime rights and how to address unpaid overtime. This guide will help you understand your options, your legal protections, and the steps you can take if you think your employer is not following the law.
For those experiencing broader issues at work, you may also want to learn more about wage and hour disputes or workplace discrimination in California.
What Counts as Overtime?
In California, overtime generally kicks in after you work eight hours in a day or 40 hours in a week. The law requires employers to pay "time and a half" for these extra hours, and even more in special cases. This is stricter than federal law, which only requires overtime after 40 hours in a week.
Common Overtime Scenarios
- Working more than 8 hours in a day
- Working over 40 hours in a week
- Working 7 consecutive days in a row
- Working over 12 hours in one day (eligible for double time)
Some employees, such as certain managers or professionals, may be "exempt" from overtime. If you’re not sure about your status, check out our common wage and hour violations article.
Key California Overtime Laws
California Labor Code sections 510 and 1194 govern overtime pay. Unlike federal law, California’s rules are more protective of employees. Here’s what you should know:
- Time-and-a-half: After 8 hours in a day or 40 hours in a week
- Double time: After 12 hours in a single day or after 8 hours on the seventh consecutive workday
- Daily, not just weekly, triggers: Overtime is calculated per day, not just per week
Employers can’t "average" your hours over two weeks to avoid paying overtime. For example, working 10 hours one day and 6 the next still triggers overtime for the 2 extra hours.
Who Is Exempt from Overtime?
Not every worker qualifies for overtime pay. California law exempts certain professionals, administrative and executive employees, outside salespeople, and some computer professionals—usually those with higher salaries and specific job duties.
- Salaried managers (with real management duties)
- Independent contractors
- Certain creative professionals
- Outside salespeople
If you’re unsure, check your job description and talk to an employment attorney. Many employees are mistakenly classified as exempt. If this sounds familiar, our how to recover unpaid wages page can help.
How Employers Avoid Overtime
Unfortunately, some employers try to sidestep overtime requirements. They might:
- Misclassify workers as exempt
- Ask you to work "off the clock"
- Fail to record all your hours
- Offer "comp time" instead of overtime pay
- Change your timecards without permission
If you spot any of these issues, you may also be facing retaliation for speaking up.
Steps If You’re Owed Overtime
If you believe you’re owed overtime, follow these steps:
- Document your hours: Keep personal records of your hours worked, schedules, and any communications with your employer.
- Check your pay stubs: California law requires detailed pay stubs. Make sure overtime hours and rates are listed correctly.
- Raise the issue: Talk with your employer or HR department first. Sometimes, errors are unintentional.
- File a complaint: If the issue isn’t resolved, file a wage claim with the California Labor Commissioner’s Office.
- Consult an attorney: If you face retaliation or the claim is complex, seek legal advice.
Our steps to file a workplace discrimination claim article explains how to approach similar workplace issues.
Know Your Damages
If your employer fails to pay overtime, you may be entitled to:
- Unpaid overtime wages
- Interest on unpaid amounts
- Penalties for each pay period
- Attorney’s fees and costs (in successful claims)
You can also learn more about compensation in wrongful termination lawsuits if your overtime dispute leads to job loss.
Statute of Limitations
In California, you usually have up to three years to file a claim for unpaid overtime, but acting sooner is always better. Waiting too long can make it harder to gather evidence or recover the full amount owed.
Employer Obligations
California employers must:
- Track all hours worked
- Provide accurate pay stubs
- Pay overtime promptly
- Avoid retaliating against employees who raise concerns
Failure to comply can result in serious penalties for the employer.
When to Seek Legal Help
Some situations call for legal advice right away:
- You’re being retaliated against for asking about overtime
- Your employer refuses to pay what’s owed
- You’re unsure if you’re exempt or non-exempt
- Multiple employees are facing similar issues
To understand your options, start with our what actions qualify as workplace retaliation guide.
Protecting Yourself and Coworkers
Standing up for your rights can also help your coworkers. California law protects employees who raise wage and hour issues together. If you’re facing a hostile work environment, our hostile work environment page has more information.
Preventing Future Overtime Issues
- Track your hours independently
- Save copies of schedules and pay stubs
- Communicate concerns in writing when possible
- Know your rights and speak up early
You might also want to know more about how to document discrimination at work if you face broader issues.
Overtime and Other Wage Violations
Overtime problems often come with other wage issues, including:
- Missed meal or rest breaks
- Unpaid commissions or bonuses
- Minimum wage violations
Visit our common wage and hour violations article for more examples.
Resources and Support
- California Department of Industrial Relations: www.dir.ca.gov
- Labor Commissioner’s Office: File a wage claim online
- Attain Law: Speak with an experienced employment attorney in California
Your Next Steps
If you suspect your employer isn’t paying overtime correctly, don’t wait. Protect your rights and your paycheck. For more information, contact us today for a free consultation or call (888) 970-8627. We’re here to support you.
Frequently Asked Questions about Overtime Pay Rights in California
Who qualifies for overtime pay in California? Most hourly employees in California qualify for overtime after working more than 8 hours in a day or 40 in a week. Some salaried employees, managers, and independent contractors may be exempt.
What is the overtime pay rate in California? Overtime is paid at 1.5 times your regular rate after 8 hours in a day or 40 in a week, and double time after 12 hours in a day or for hours worked beyond 8 on the seventh consecutive workday.
How do I file a claim for unpaid overtime? You can file a wage claim with the California Labor Commissioner’s Office. Gather records of your hours and pay, and submit the claim online or in person.
Can my employer retaliate if I ask for overtime pay? No. California law prohibits employers from retaliating against employees who ask about or claim their overtime rights. Retaliation can include firing, demotion, or reduced hours.
What information should I keep to protect my overtime rights? Keep detailed records of your hours worked, pay stubs, schedules, and any communications with your employer about pay. These documents can help prove your claim.
Disclaimer: This is an advertisement. The information provided is for general purposes only and is not legal advice. Consult a qualified attorney for your specific case. Attain Law cannot guarantee outcomes, as results vary by situation.
Browse Other Articles for "Wage and Hour Disputes" in California:
Start Your FREE Consultation
Complete the form for a Free Consultation. No upfront fees, swift action, and we’re only paid when we succeed for you.
Why Choose Attain Law?
-
- We operate on a contingency fee basis—you pay nothing unless we win your case.
-
- Every case is unique. We tailor our strategies to fit your specific situation.
-
- Our firm has successfully recovered millions for our clients.
-
- Based in Encino, we serve clients throughout California.
Justice Is One Step Away
Ready to turn your struggle into strength? At Attain Law, we’re here to take on your fight—whether it’s a car accident, a dangerous drug, or a workplace injury gone wrong. One call starts it all, and we’re with you every step, no upfront cost required.
- Free Case Review
- No Fees Until Victory
- Millions Recovered
- Personal Strategy
- California Coverage
- Relentless Case Pursuit
