What To Do If You’re Not Being Paid Overtime In California

As a California unpaid overtime lawyer, I frequently speak with hardworking employees who realize they’re not receiving the overtime compensation they deserve. In California, overtime laws are robust and protect employees from wage exploitation. Unfortunately, employers sometimes intentionally or unintentionally violate these rules. If you’re experiencing unpaid overtime, it’s essential to understand your rights and what legal remedies are available. In this guide, I’ll explain the specific California laws that protect your right to overtime pay and the actions you should take if your employer violates these laws.

Understanding California Overtime Laws

California labor laws mandate strict overtime rules, clearly outlined in the California Labor Code and enforced by the Department of Industrial Relations (DIR). According to California Labor Code Section 510, and applicable wage orders, most employees are entitled to:

• Time and a half (1.5x your regular hourly rate) for any hours worked beyond 8 hours in a single workday, or over 40 hours in a workweek.
• Double-time pay (2x your regular hourly rate) for any hours worked beyond 12 hours in a single day, or for all hours worked beyond 8 hours on the seventh consecutive workday in a week.

These overtime protections apply broadly to hourly workers and even certain salaried employees who are misclassified as exempt.

Common Examples Of Overtime Violations

As an employment lawyer, I often handle cases involving common overtime violations, including:

• Employers who pay a flat daily or weekly rate, but fail to account properly for overtime.
• Misclassification of employees as exempt from overtime when they do not meet the exemption criteria under California law.
• Employers requiring off-the-clock work without compensation.
• Failing to include bonuses or commissions when calculating overtime pay rates.

Under California Labor Code Section 1194, if your employer fails to pay overtime, you may be entitled to recover unpaid wages, interest, penalties, and attorney fees.

Steps To Take If You Are Not Receiving Overtime Pay

If you suspect your employer is not paying you correctly for overtime, here are essential steps to protect your rights:

Keep Detailed Records

Document all hours worked each day. Keep accurate records of start and end times, breaks, overtime hours, and off-the-clock work. These records can significantly strengthen your claim.

Review Your Job Classification

Employers may incorrectly label you as exempt or an independent contractor to avoid paying overtime. Under California Assembly Bill 5 (AB 5), many workers classified as independent contractors are actually employees eligible for overtime. Confirming your classification with an attorney is an important part of a legal consultation.

Communicate Your Concerns

Formally inform your employer about unpaid overtime. Sometimes, employers correct errors once alerted. Keep all correspondence documented for evidence.

File A Wage Claim

If your employer refuses to rectify the issue, you can file a wage claim with the California Labor Commissioner (DLSE). This process allows the state to investigate and potentially order your employer to pay.

Consider Legal Action

You also have the right to file a civil lawsuit against your employer under California Labor Code Section 1194. An attorney can guide you through this process, advocating strongly on your behalf.

Statute Of Limitations For Overtime Claims In California

California law provides a clear timeframe to pursue unpaid overtime claims:

• Typically, you have three years from the date wages were unpaid to file your claim.
• If your claim involves a written employment agreement breach, you have four years to pursue your claim under California Code of Civil Procedure Section 337.

Prompt action is critical. Waiting too long can result in losing the right to claim unpaid wages entirely.

Remedies Available In Overtime Claims

California law offers robust remedies for most employees to recover compensation:

• Back Pay: Unpaid overtime compensation owed.
• Interest: Accrued interest on unpaid overtime.
• Penalties: Under California Labor Code Section 203, waiting-time penalties may apply, equaling up to 30 days of pay.
• Attorney’s Fees and Costs: California law (Labor Code Section 1194) allows recovery of attorney fees, encouraging employees to enforce their rights without financial strain.

Frequently Asked Questions About California Unpaid Overtime Claims

Who Is Eligible For Overtime Pay In California?

Most hourly workers and some salaried employees qualify for overtime pay. Employees exempt from overtime generally include executives, administrative professionals, and certain specialized positions that meet strict salary and duties tests.

Does California Have Different Overtime Laws Than Federal Law?

Yes, California overtime laws are more employee-friendly than federal laws under the Fair Labor Standards Act (FLSA). California provides daily overtime protections (after 8 hours worked), whereas federal law primarily mandates overtime after 40 hours worked weekly.

Can My Employer Retaliate If I Complain About Unpaid Overtime?

No. California Labor Code Section 98.6 explicitly prohibits employers from retaliating against employees who assert their rights to overtime pay. Retaliation can result in additional claims and penalties against employers.

What Evidence Do I Need To Support An Overtime Claim?

Maintain accurate records of hours worked, pay stubs, employment contracts, and communications with your employer regarding overtime concerns. Witness statements and employer policies may also help strengthen your claim.

What Should I Do If My Employer Asks Me To Work Off-The-Clock?

California law prohibits off-the-clock work. Clearly document these requests, including dates and times, and report this practice immediately. You can likely recover unpaid wages for off-the-clock work.

Can I File A Claim If I’ve Been Misclassified As An Independent Contractor?

Yes. California law (AB 5) uses a strict test to distinguish employees from contractors. If you’re misclassified, you can likely recover overtime pay and additional damages through a claim or lawsuit.

How Long Does The Wage Claim Process Take?

Claims filed with the California Labor Commissioner generally resolve within several months to a year, depending on complexity. Civil lawsuits may vary significantly, taking months to several years, though settlements can expedite the process.

Take Action—Contact Law Office Of Joseph Richards, P.C. Today

If you have concerns about unpaid overtime wages, don’t wait to seek assistance. At Law Office of Joseph Richards, P.C., I focus exclusively on helping California workers secure the compensation they have rightfully earned. I understand the stress and frustration that unpaid overtime causes, and I am committed to aggressively advocating for client rights.

Contact the Orange County employment law attorney at Law Office of Joseph Richards, P.C. by calling (888) 883-6588 to receive your free consultation. I represent clients throughout California, ensuring workers get the justice and compensation they deserve.