Wage & Hour Law

Los Angeles Overtime Lawyer

You've Worked Extra. You Deserve Extra Pay

California has some of the strongest overtime protections in the country. In general, nonexempt employees are entitled to overtime when they work more than eight hours in a workday, more than 40 hours in a workweek, or certain hours on a seventh consecutive day of work. Double-time rules may also apply after 12 hours in a workday and in certain seventh-day situations.

Employers sometimes avoid paying overtime by requiring off-the-clock work, misclassifying employees as exempt, paying flat daily or weekly rates, or calculating the overtime rate incorrectly. If you worked overtime and were not properly paid, you may be entitled to recover unpaid wages, interest, penalties, attorney’s fees, and other compensation.

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Extra Hours Worked

California generally requires overtime pay when a nonexempt employee works more than eight hours in a workday or 40 hours in a workweek.

Seventh-Day Overtime

The first eight hours worked on the seventh consecutive day of work in a workweek are generally paid at one-and-one-half times the employee's regular rate.

Double Time

Employees are generally entitled to double time for hours worked beyond 12 in a workday and for hours beyond eight on the seventh consecutive day of work in a workweek.

Regular Rate of Pay

Overtime is not always calculated using only an employee's base hourly wage. Certain bonuses, commissions, shift differentials, and other compensation may have to be included when determining the regular rate of pay.

Salaried Employees

Being paid a salary does not automatically eliminate your right to overtime. Salaried employees generally remain entitled to overtime unless a valid exemption or other applicable exception applies.

Recover What You Are Owed

Employees who were denied overtime may be able to recover unpaid overtime wages and, depending on the claims involved, additional penalties, interest, and attorney's fees.

What Is Overtime Pay in California?

California overtime law generally requires nonexempt employees to receive premium pay when they work beyond specified daily or weekly limits. Unlike federal law, which primarily focuses on hours worked over 40 in a week, California generally provides daily overtime protections as well.

For most nonexempt employees, overtime is generally paid at one-and-one-half times the employee’s regular rate of pay for hours worked over eight and up to 12 in a workday, and for hours worked over 40 in a workweek. California also provides seventh-day overtime protections in qualifying circumstances.

Employees may be entitled to double time for hours worked beyond 12 in a single workday and for hours worked beyond eight on the seventh consecutive day of work in a workweek.

There are exemptions and industry-specific exceptions, including properly adopted alternative workweek schedules and special rules applicable to certain occupations. For that reason, determining whether overtime is owed often requires looking closely at the employee’s classification, schedule, industry, and actual job duties.

Common Overtime Violations

Failing to Pay Daily Overtime

An employer pays an employee their regular hourly rate even after the employee works more than eight hours in a workday.

Off-the-Clock Work

Employees are required to perform work before clocking in, after clocking out, during unpaid periods, or from home without recording the time.

Misclassifying Employees as Exempt

An employer labels an employee a “manager,” “supervisor,” or salaried worker and refuses to pay overtime even though the employee does not satisfy the legal requirements for an overtime exemption.

Paying a Flat Daily or Weekly Rate

An employer pays the same daily or weekly amount regardless of the number of hours worked and assumes that no additional overtime compensation is required.

Incorrect Regular Rate Calculations

An employer calculates overtime using only an employee’s hourly wage while improperly excluding compensation that should be incorporated into the regular rate of pay. California’s DLSE explains that certain commissions, bonuses, and other remuneration may affect the overtime rate.

Improper Seventh-Day Pay

An employee works seven consecutive days in the same workweek but is not paid the applicable overtime or double-time premium.

Damages You May Recover

Employees who establish an overtime violation may be entitled to recover compensation beyond the unpaid overtime itself, depending on the facts and claims asserted.

Compensation an employee may recover includes:

  • Unpaid overtime wages
  • Double-time wages
  • Interest on unpaid wages
  • Waiting time penalties where applicable
  • Attorney's fees and litigation costs where authorized
  • Wage statement penalties where applicable
  • Other statutory penalties
  • Related meal and rest break premiums where violations also occurred
  • PAGA penalties where legally available

Because overtime violations often continue for months or years, the unpaid wages can become substantial—particularly for employees who regularly worked 50, 60, or more hours per week.

Why Overtime Violations Happen

Some overtime violations are accidental. Others result from business practices designed to reduce labor costs.

Employers may:

  • Incorrectly assume salaried employees are exempt.
  • Give employees managerial titles even though their actual duties are nonexempt.
  • Require employees to finish work after clocking out.
  • Refuse to authorize overtime while still expecting the work to be completed.
  • Pay flat daily rates without accounting for overtime hours.
  • Fail to include qualifying bonuses or commissions in the regular rate of pay.
  • Use timekeeping practices that result in employees losing compensable work time.

An employer generally cannot avoid its overtime obligations simply by telling an employee that overtime was not authorized if the employer knew or permitted the employee to perform compensable work.

California Overtime Laws Are Strict — And So Are We

California’s overtime protections are intended to compensate employees for long working hours and discourage employers from imposing excessive work schedules without additional pay.

Employers are responsible for maintaining lawful compensation practices. When workers are denied overtime, even seemingly small shortages can become substantial when the violations occur repeatedly over a long period.

If you believe your overtime pay has been calculated incorrectly, GS LAW, APC can evaluate your records and determine what compensation may be recoverable.

Industries & Workplaces Where Overtime Claims Frequently Arise

Retail Employees

Restaurant & Hospitality Workers

Healthcare Employees

Construction Workers

Warehouse Employees

Delivery Drivers

Manufacturing Workers

Security Guards

Office Employees

Sales Employees

Technology Workers

Frequently Asked Questions

Am I entitled to overtime pay in California?

Most nonexempt California employees are entitled to overtime. In general, time-and-a-half is required for hours worked beyond eight in a workday or 40 in a workweek, with additional overtime rules applying to the seventh consecutive day of work. Double time generally applies after 12 hours in a workday and after eight hours on a qualifying seventh consecutive day.

However, exemptions and special rules apply to certain employees and industries.

If you’re unsure whether California overtime laws apply to you, GS LAW, APC can review your classification, schedule, and job duties and determine whether you may be entitled to unpaid overtime.

For most nonexempt employees, overtime is calculated using the employee’s regular rate of pay, which is not necessarily the same as the employee’s basic hourly rate. Certain commissions, nondiscretionary bonuses, shift differentials, and other forms of compensation may affect the calculation.

For salaried nonexempt employees, California’s DLSE generally determines an hourly regular rate by converting the salary to a weekly amount and dividing by 40.

If your overtime rate looks too low, our office can review your pay structure and determine whether your employer calculated your regular rate correctly.

Yes. Being paid a salary does not automatically make an employee exempt from overtime. A salaried employee generally remains entitled to overtime unless the employee meets the legal requirements for an exemption or another overtime exemption applies.

California recognizes exemptions for certain executive, administrative, professional, and other employees, but those exemptions have specific legal requirements. A job title or salary alone does not determine whether an employee is exempt.

If your employer told you that you cannot receive overtime simply because you are salaried, GS LAW, APC can evaluate whether you may have been misclassified.

Employers generally must compensate employees for compensable work they require or permit employees to perform. Problems frequently arise when employees are expected to answer messages, complete paperwork, prepare equipment, close a workplace, or perform other work before clocking in or after clocking out.

Even relatively small amounts of unpaid time can become significant when they occur repeatedly.

If you regularly performed work outside your recorded hours, GS LAW, APC can evaluate whether that time should have been included in your wages and overtime calculations.

Yes. Wage claims are subject to statutes of limitation, and the applicable deadline can vary depending on which legal claims are asserted. Waiting too long can result in the loss of otherwise valid claims for unpaid wages.

For that reason, employees who believe they are owed overtime should have their situation evaluated as early as possible.

GS LAW, APC can review your employment history and determine what deadlines may apply and how far back your potential overtime claim may reach.

California law provides protections against retaliation when employees assert rights protected by wage-and-hour laws. Retaliation can take many forms, including termination, demotion, reduced hours, discipline, or other adverse treatment.

A retaliation claim may exist in addition to the underlying overtime claim if an employer punishes an employee for asserting protected wage rights.

If you are concerned about retaliation after requesting unpaid overtime, GS LAW, APC can evaluate both the wage claim and any resulting retaliation.

An employer’s internal rule requiring approval before working overtime does not necessarily eliminate the obligation to pay for compensable work actually performed. The circumstances matter, including whether the employer knew or should have known the employee was working.

Employers may discipline employees for violating legitimate scheduling policies, but that is different from refusing to pay wages that are legally owed.

If you worked overtime that your employer knew you were performing but refused to pay because it was “unauthorized,” our office can evaluate whether those wages are recoverable.

Resources & Articles

Worked Overtime? Get Paid What You're Owed.

GS LAW, APC represents California employees in overtime and wage-and-hour claims. We can review your time records, paystubs, job duties, and compensation structure to determine whether your employer complied with California overtime law.
Schedule Your Free Consultation

(213) 725-2919