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California Overtime Pay Lawyers

We have handled many cases involving claims for unpaid wages. If your employer has failed to comply with vital workplace protections regarding your pay or time worked, the law is on your side.

Overtime Pay Violations Come In Many Forms

California’s overtime pay laws are designed to compensate employees for working longer than the standard workday or workweek. These laws are among the most generous in the United States and are strictly enforced by the California Department of Industrial Relations. Here are the key aspects of California’s overtime pay laws:

  1. Overtime Pay Rates:
    • Time and a Half: Employees earn 1.5 times their regular rate of pay for:
      • All hours worked over 8 hours up to and including 12 hours in any workday.
      • The first 8 hours worked on the seventh consecutive day of work in a workweek.
    • Double Time: Employees earn double their regular rate of pay for:
      • All hours worked over 12 hours in any workday.
      • All hours worked over 8 hours on the seventh consecutive day of work in a workweek.
  2. Definition of Workday and Workweek:
    • A “workday” is any consecutive 24-hour period starting with the same time each calendar day.
    • A “workweek” is any seven consecutive days, starting with the same calendar day each week. Workweeks are fixed and cannot be changed to avoid paying overtime.
  3. Exemptions: Certain employees are exempt from California’s overtime laws based on specific criteria related to their job duties, salary level, and the type of employment. Common exemptions include executive, administrative, and professional employees as defined by the California Labor Code.
  4. Waivers and Agreements: Generally, overtime cannot be waived by an agreement between the employer and employee. However, alternative workweek schedules can be adopted by a work unit through a secret ballot election, allowing for workdays longer than 8 hours without overtime pay, subject to specific rules and limitations.
  5. Non-Compliance Penalties: Employers who fail to pay required overtime face penalties, including paying the unpaid overtime plus interest, and potentially additional penalties for willful non-compliance.

California’s overtime laws ensure that employees are fairly compensated for extended work hours, protecting their health and well-being. Both employers and employees should be aware of these regulations to ensure compliance and to protect the rights of workers.

Our Approach

Our Practices are Guided by Integrity. We’ll protect what you deserve.

We work tirelessly and fight tenaciously to hold rights abusers accountable.

If you’ve experienced a distressing incident related to an issue like this, call us for a free case evaluation.

Did You Know?

Overtime Pay Rates
Time and a Half (1.5 times the regular rate of pay) is required for: • Hours worked beyond 8 up to and including 12 in a single workday. • Hours worked beyond 40 in a single workweek. • The first 8 hours worked on the seventh consecutive day of work in a workweek.
Employers who fail to properly compensate employees for overtime are subject to penalties, including paying the owed overtime with interest, fines, and potentially other damages.

Is It Illegal, or Just Unfair?

Legal cases can be lengthy, complicated, and confusing, but you don’t have to take on the system all by yourself. If you believe someone has violated your individual rights, or the rights of a large group of people in your community, we can help you find the right course of action.

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