California Overtime Attorney

Overtime pay is a right that is frequently unenforced in California. Sometimes, employees think they’re not eligible for overtime pay because of the type of work they do or the way their wages are calculated. At other times, employees submit their extra hours, assuming they will receive overtime compensation, but they don’t get the extra pay they’re entitled to under California and federal law.

At Justice Law Corporation, we recognize that employees are often deprived of their rightful overtime pay. If you know or suspect that you have not been receiving the correct compensation for the overtime hours you have worked, we suggest that you talk with a California overtime attorney on our team to find out more about how we may be able to help you recover past unpaid overtime and ensure that you are properly compensated in the future.

Federal and State Laws Establish Overtime Requirements for Employers

The right to receive higher pay when you work longer than average days or weeks is guaranteed by state law in California and, to a lesser extent, federal law. Both sets of laws require employers to pay a higher rate when someone works more than 40 hours in a work week. The extra hours are generally supposed to be compensated at a rate of one and a half times the employee’s usual rate.

California laws operate on the assumption that a standard work day is eight hours long. So if you work more than eight hours in a single day, you are entitled to receive overtime pay for those hours. The rate is one and a half times the usual rate for hours 8-12. If you work more than twelve hours, then any extra hours are supposed to be compensated at twice your usual rate of pay.

In addition, California also assumes that a standard work week consists of no more than six days of work in a row. If you work seven or more consecutive days, you should receive one and a half times your regular pay for the first eight hours of your seventh day and double your regular pay for time worked beyond eight hours on your seventh day.

Exceptions and Exemptions

Not every employee in California qualifies to receive overtime pay when they work hours that exceed the eight-hour day or the workweek standards. Certain types of employees are exempt from the requirements, so their employers do not need to monitor their hours or pay additional compensation unless they choose to retain them. In addition, there are exceptions to the overtime rules that apply different standards or pay rates for overtime work in certain situations.

Employees Who Are Exempt from Overtime Requirements

When employees are considered to hold positions that are executive, administrative, or professional, then they are exempt for the purposes of overtime obligations. A California overtime attorney knows, however, that companies often officially classify an employee or job as a certain type when it does not meet the legal standards to qualify as an exempt position.

To be exempt from overtime requirements, job duties, responsibilities, salary, and other characteristics must satisfy all requirements established in the wage and hour laws and implementing regulations and guidelines. The team at Justice Law Corporation can review the specific details of your job and assess whether you are properly classified as an exempt or non-exempt employee. If you should be receiving overtime pay and your employer has not paid you extra compensation for those hours, an overtime attorney can take the most effective action to recover your unpaid overtime wages and other compensation you are eligible to receive.

Some of the most common reasons employers claim that their employees are exempt from overtime eligibility are that their position is:

Administrative. To be exempt, an employee must regularly exercise discretion and independent judgment and must earn a salary that is at least as high as if they were working 40 hours per week at a rate equal to twice the state minimum wage. Many office workers are considered to be administrative workers, yet they lack the authority required to legally qualify as exempt employees.
Professional. Employees who are exempt under this classification must either be certified as professionals in listed fields, such as teaching, or be engaged in an occupation that requires advanced learning, like engineering. Those working in artistic and creative fields such as music, writing, theater, and art may also be exempt. However, they must also exercise independent judgment in performing their duties and must meet the same income requirements as administrative exempt employees.
Executive. To be exempt, an executive employee must operate in a management capacity, direct the work of at least two other employees, and have the authority to hire and fire. These employees must also exercise independent discretion and meet salary requirements.
Computer software development. Employees who are exempt under this classification must apply highly skilled knowledge, exercise independent judgment. They must also be paid an hourly rate that is comparatively quite high. As of 2025, that rate is $56.97 per hour, and it is reviewed annually.
Outside sales. When a salesperson ordinarily spends more than half their time working away from the employer’s place of business, then they are exempt from overtime pay requirements.
Certain industries. Workers on commercial fishing boats, taxi drivers, carnival ride operators, student nurses, and many employees in the entertainment industry are also exempt from overtime pay requirements.

Certain family members of the employer and individuals working for national service programs are also exempt from overtime provisions. It is important to remember that an employee’s job title has nothing to do with their status. Your employer can give you a fancy title, but unless you get the pay and responsibility to go along with that title, then you should still be receiving overtime pay.

Exceptions to the General Overtime Rules

To make the situation even more complicated, some types of employees are subject to special overtime rules that differ from the generally applicable overtime provisions. Employers often violate the specific rules established for employees who operate on an alternative workweek schedule, including those in the healthcare field. When these alternative work schedules provide for working longer hours, employees may still be entitled to overtime pay in certain situations.

Camp counselors do not become eligible for overtime pay until they have worked more than 54 hours in a workweek. Special overtime rules also apply to those who work in certain childcare and elder care positions.

Some truck drivers are exempt from California overtime laws but still qualify for overtime under other provisions, such as the Fair Labor Standards Act or a collective bargaining agreement.

These are just a few examples of the unique ways that overtime requirements can be applied in certain situations. Because there are numerous alternative rules, it can be challenging for employees to understand when they are entitled to overtime pay and the corresponding rate they should receive. A skilled California overtime attorney at Justice Law Corporation can analyze the state and federal requirements that apply in your specific circumstances, assess the obligations of your employer, and determine whether you are entitled to compensation for unpaid overtime.

Talk to a Dedicated California Overtime Attorney at Justice Law Corporation Today

Failure to pay for overtime hours is often an intentional practice by an employer who is more concerned with profits than with people. But sometimes, an employer is not aware that they should be paying overtime and that they are cheating employees out of their rightful compensation.

A knowledgeable and skilled California overtime lawyer at Justice Law Corporation can assess the circumstances of your particular situation and explain your options for getting the compensation you deserve. Then our team can pursue your claim effectively and at no cost to you until we’ve won your case. To find out what may be possible, schedule a free consultation with an attorney by calling us at 818-230-7502 or contacting us online.

FAQs About Overtime Pay in California

Employees who aren’t paid fairly for overtime hours worked can be missing substantial amounts of compensation. It makes sense to learn as much as possible about your rights and how to enforce them in California. To provide you with some background information, here are the answers to some of the questions we get most frequently. You can contact us directly for a complimentary consultation to address any specific questions you may have.

How Do I Report Violations of Overtime Requirements?

Employees who have not been paid appropriately for overtime hours have several options in California. The quickest option is usually to have a California overtime lawyer bring the violation to the employer’s attention and negotiate fair compensation for unpaid wages, along with an agreement to pay overtime rates in the future.

Employees also have the ability to file a wage claim with the California Division of Labor Standards Enforcement or the U.S. Department of Labor, depending on the laws involved. Workers involved in a pay dispute with their employer can also work with an experienced attorney to file a lawsuit seeking appropriate compensation and other remedies.

How is My Regular Rate of Pay Calculated to Determine Overtime Pay?

An employee’s regular rate of pay is calculated based on several factors. These include, of course, base salary, but also bonuses, commissions, and piecework earnings. The rate will always be at least minimum wage. If the employee is paid an annual salary, the amount is divided by 52 weeks to determine the weekly salary, which is then divided by 40 hours to get an hourly rate.

Is My Employer Allowed to Avoid Paying Overtime on the Grounds That the Hours Were Not Authorized?

At Justice Law Corporation, we have unfortunately seen many situations where employers convince their employees that they are only eligible to receive overtime pay if the company specifically approves the overtime hours beforehand. But the law says otherwise. Employers are required to pay overtime when employees work the hours, regardless of authorization. While the employer may discipline the employee for failing to obtain authorization, the employer cannot withhold overtime pay.

What is the Process Like When an Employee Disputes the Amount of Pay Received?

The process can vary according to the situation, but when you are working with a dedicated California overtime attorney, your legal advisor can explain what is likely to happen in your specific case. When a complaint is filed with the Division of Labor Standards Enforcement, the issue is assigned to a Deputy Labor Commissioner. The commissioner will assess the information presented and decide whether to hold a conference to negotiate a settlement between the parties, hold a hearing to resolve the issues, or dismiss the complaint.

If you work with an attorney to prepare the complaint, your legal advisor can ensure it states the facts and presents evidence persuasively so that the Commissioner will take the matter seriously. If the case is set for a hearing or the matter is handled through a lawsuit, both sides will present evidence and make their best arguments to encourage a ruling in their favor. The employer will be working with experienced legal counsel, so if an employee wants to overcome the employer’s arguments, they should work with a knowledgeable legal team as well.

Can My Employer Fire Me for Complaining About Overtime Pay?

Employees often fear that they will be fired if they point out problems in the workplace, such as illegal discrimination or unpaid off-the-clock work. But it is unlawful for employers to retaliate against employees solely because they exercised their rights under the law. If you were to be fired for filing a complaint, your attorney could pursue legal action for wrongful termination, seeking additional compensation, reinstatement, and other remedies.