Unpaid Overtime Attorney

In California, non-exempt employees are entitled to overtime pay for working more than 8 hours in a day or 40 hours in a week. Additionally, time worked beyond 12 hours in a day or 8 hours on the seventh consecutive workday must be paid at double time.

Exempt employees — such as certain executives, professionals, and administrative workers — do not qualify for overtime if they meet specific salary and job duty requirements. Independent contractors are also excluded. However, misclassified workers may still be entitled to back pay if their job duties actually qualify them as non-exempt employees.

California law requires employers to pay 1.5 times an employee’s regular rate of pay for all hours worked over 8 in a day or 40 in a week, and 2 times the regular rate for hours worked beyond 12 in a day or over 8 on the seventh consecutive workday.

The regular rate includes hourly wages plus nondiscretionary bonuses, commissions, and other earned compensation. Employers must maintain accurate time records and pay all overtime promptly — failure to do so can result in penalties, interest, and legal action by the employee.

If your employer fails or refuses to pay overtime, start by documenting your hours worked and the pay you receive. Then, file a wage claim with the California Labor Commissioner’s Office or consult an experienced employment attorney.

A lawyer can help you calculate what you’re owed, gather evidence, and represent you in settlement negotiations or court. Employers who withhold overtime pay may face civil penalties, back pay, and interest, as well as potential liability for retaliation if they punish workers for asserting their rights.

Yes. Being paid a salary does not automatically mean you’re exempt from overtime. To qualify as exempt, a salaried employee must earn at least twice the state minimum wage for full-time work and primarily perform executive, administrative, or professional duties requiring independent judgment.

If these criteria are not met, the employee is considered non-exempt and eligible for overtime pay, regardless of their salary structure. Many employers misclassify salaried workers, so a legal review of your job duties and pay structure can determine if you’ve been wrongfully denied overtime wages.

The statute of limitations for unpaid overtime claims in California is generally three years from the date of the violation. However, if the claim also involves breach of contract or unfair business practices, employees may recover up to four years of back wages. Because deadlines are strictly enforced, it’s important to act quickly to preserve evidence and protect your right to full recovery. Consulting a knowledgeable unpaid overtime attorney early ensures your claim is filed correctly and within the allowable time frame.

To prove unpaid overtime at your normal hourly rate, gather all available documentation showing your work hours and pay. Useful evidence includes:

• Timesheets or punch records showing hours worked
• Pay stubs and direct deposit statements
• Emails, schedules, or text messages assigning extra work
• Witness statements from coworkers If your employer failed to keep accurate records, your own detailed notes and testimony can still establish proof. The burden is on the employer to disprove your claim if you can reasonably show unpaid overtime hours.

No. Retaliation for asserting your right to overtime pay is illegal under the California Labor Code. Employers cannot fire, demote, harass, or discipline workers for filing a wage claim or complaining about unpaid overtime. If retaliation occurs, employees may file a retaliation complaint with the Labor Commissioner or pursue a civil lawsuit. Remedies may include reinstatement, back pay, damages for emotional distress, and civil penalties. Standing up for your rights is protected by law, and legal counsel can help safeguard you from employer retaliation.

Employees who win an unpaid overtime claim may recover:

• Unpaid overtime wages
• Interest on withheld amounts
• Statutory penalties for late or missed payments
• Attorney’s fees and court costs
  In cases of willful violations, additional liquidated damages may apply, doubling the unpaid wages owed. Courts may also order reinstatement or other remedies in retaliation cases. California law strongly favors workers, ensuring that employees who were denied fair pay are fully compensated for financial losses and emotional hardship.

Generally, independent contractors are not entitled to overtime pay under California law. However, many workers are misclassified as contractors when they should legally be treated as employees. Under the ABC test in Assembly Bill 5 (AB5), a worker is presumed to be an employee unless the hiring company can prove the worker is an independent contractor. Misclassified contractors may be eligible for back pay, benefits, and penalties if they meet the criteria for employees. If you suspect misclassification, consult an employment attorney to review your work arrangement and determine your rights.

No. California law prohibits averaging hours over multiple workweeks to avoid paying overtime. Overtime must be calculated daily and weekly, based on actual hours worked in each work period. For example, if you work 10 hours one day and 6 the next, the 2 extra hours on the first day still qualify for overtime, even if you average 8 per day. Employers who use “hour averaging” violate wage laws and may owe employees back pay, penalties, and interest for unpaid overtime.