Do Remote Workers Get Overtime Pay in California?

Attorney advertisement by Edwin Aiwazian of Lawyers for Justice, PC, headquartered at 450 N Brand Blvd, Glendale, CA 91203

With remote work becoming more widespread, millions of workers across the United States are navigating employment laws from outside a traditional office setting. According to a study conducted by the U.S. Bureau of Labor Statistics (BLS) in February 2025, approximately 37.29 million people in the U.S. teleworked or worked from home. 

California labor laws still apply to remote employees to make sure they receive the same wage protections as in-office workers. However, some employers misclassify remote workers, fail to track work hours, or pressure employees to complete extra tasks without overtime pay—all of which are illegal.

Under California Labor Code § 1194 and the Fair Labor Standards Act (FLSA), remote workers must be compensated for every minute worked, including overtime. If an employer denies overtime pay, misclassifies a worker’s status, or expects extra work without compensation, that worker may be entitled to back pay, penalties, and legal action.

Are Remote Workers Covered Under California Overtime Laws?

Yes. California’s wage and hour laws apply to remote workers just as they do to in-person employees. If a remote worker is classified as non-exempt, they are entitled to overtime pay for hours worked beyond the standard limits set by law.

Under California Labor Code § 510, non-exempt employees must receive:

• Time-and-a-half pay for any work beyond 8 hours in a single day or 40 hours in a workweek.
• Double pay for any work beyond 12 hours in a single workday.
• Time-and-a-half for the first 8 hours worked on the seventh consecutive workday in a week.

Remote employees are entitled to the same overtime protections as on-site workers, regardless of where they perform their job.

How Employers Violate Overtime Laws for Remote Workers

Many remote employees work beyond their scheduled hours without realizing they should be paid overtime. Some of the most common overtime violations for remote workers include:

• Untracked Work Hours – Employers may fail to monitor all hours worked, leading to unpaid overtime.
• After-Hours Emails and Calls – If an employee is expected to respond to messages or complete tasks after hours, that time should be counted toward overtime pay.
• Encouraging Off-the-Clock Work – Some employers subtly pressure remote workers to start early or stay late without officially logging their time.
• Misclassifying Employees – Some businesses wrongly classify remote workers as exempt from overtime when they legally qualify for extra pay.

Even if a company claims they don’t track remote work hours, they must compensate employees for any time they “knew or should have known” they worked.

What Remote Workers Can Do to Protect Their Rights

Track all hours worked – Keep a detailed record of work hours, including time spent on emails, calls, and other job-related tasks.

Communicate overtime requests in writing – If working overtime, document the request via email or message to ensure there is a record.

Review employment classification – Confirm whether the job is correctly classified as exempt or non-exempt under California law.

Report unpaid overtime – If an employer refuses to pay overtime, remote workers can file a wage claim with the California Labor Commissioner or pursue legal action.

Lawyers for Justice, PC fights for remote workers’ rights

Employers cannot deny remote workers the wages they are legally owed. If a company refuses to pay overtime, misclassifies employees, or pressures remote workers to perform unpaid labor, they can and should be held accountable.

Lawyers for Justice, PC takes aggressive legal action to recover unpaid overtime, penalties, and damages for workers across California. If an employer has violated an employee’s rights, LFJ’s experienced employment attorneys will fight to get workers the pay they deserve.

Call Lawyers for Justice, PC today for a free consultation.

Attorney advertisement by Edwin Aiwazian of Lawyers for Justice, PC, headquartered at 450 N Brand Blvd, Glendale, CA 91203