Unpaid Overtime in California

Understanding Your Rights Under California Overtime Law

In California, employees are protected by some of the strongest wage and hour laws in the nation. Under the Fair Labor Standards Act (FLSA) and the California Labor Code, employers are required to pay eligible (non-exempt) employees for all hours worked — including overtime.

Overtime pay is required for:

• Any hours worked over 8 hours in a single day
• Any hours worked over 40 hours in a workweek
• The first 8 hours on the seventh consecutive day of work in a workweek

These hours should be paid at 1.5 times the employee’s regular hourly rate. For any hours worked beyond 12 hours in a day or beyond 8 hours on the seventh consecutive day, employees must be paid double time.

If your employer is failing to pay overtime properly, you may be entitled to recover unpaid overtime in California with the help of an experienced unpaid wages and overtime attorney. If you believe this may be the case, please contact us here. 

When Employers Fail to Pay Overtime

Unpaid overtime is one of the most common forms of wage theft in California. Employers might misclassify employees as “exempt,” ask staff to work “off the clock,” or incorrectly label them as independent contractors.

When an employer commits wage theft by not paying overtime, they can be held liable for:

• Unpaid wages and overtime pay
• Interest and waiting time penalties
• Attorney’s fees and legal costs
• Additional damages for willful violations or retaliation

If you suspect you’re a victim of unpaid overtime, you have options. You can file a claim with the California Labor Commissioner’s Office or pursue a private unpaid overtime lawsuit by contacting  one of our employment attorneys here at Lawyers for Justice, P.C. by filling out the form found here. 

Overtime vs. Double Time Pay

Many employees are unsure about the difference between overtime and double time pay.

• Overtime: Any hours worked beyond 8 in a day or 40 in a week must be paid at 1.5× the regular rate.
• Double Time: Any hours worked beyond 12 in a single day, or beyond 8 hours on the seventh consecutive day, must be paid at 2× the regular rate.

Employers who fail to calculate and pay these correctly are violating California wage and hour laws, which may entitle workers to back pay, penalties, and attorney’s fees.

Remote Workers and Overtime

Even if you work from home, you may still be entitled to overtime pay. California law protects remote and hybrid employees just as it does on-site workers. With this in mind, what matters is whether your position is classified as “non-exempt” and how many hours you actually work.

For a detailed breakdown, please refer to our article: Do Remote Workers Get Overtime Pay in California?.

Can a Company Legally Avoid Paying Overtime?

In most cases, no — companies cannot legally avoid paying overtime. However, some exceptions exist:

• Exempt employees (certain salaried professionals, executives, or administrators who meet specific exemption tests)
• Independent contractors (not considered employees under California law)

Unfortunately, misclassification is a widespread issue that leads to unpaid overtime and wage theft. An unpaid overtime lawyer can evaluate your classification and determine if your employer owes you compensation.

Filing an Unpaid Overtime Claim in California

With the above in mind, if you believe your employer owes you overtime pay, it may be a good idea to execute the following in preparation for a claim:

1. Document your hours worked (timesheets, emails, work logs).
2. Collect pay stubs and communications about your pay.
3. Consult an unpaid wages and overtime attorney for a free evaluation.

Depending on your situation, you may recover:

• Back pay for unpaid overtime
• Interest on unpaid wages
• Penalties and attorney’s fees
• Additional damages for willful violations

Learn more about how interest is applied here: Interest on Unpaid Wages in California.

Talk to a California Unpaid Overtime Lawyer

Employers who ignore overtime and wage laws can face serious legal consequences. If you believe you’re owed unpaid overtime in California, don’t wait — claims are subject to strict filing deadlines.

Contact an experienced unpaid wages and overtime attorney at Lawyers for Justice, P.C., today.