Unpaid overtime lawyers, CaliforniaThe shift ended at five. The work didn’t.
Every hour counts, and the law counts them.
For California workers putting in long days, working off the clock, or told “you’re salaried, so there’s no overtime.”
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One workday, after hours
Drag the hand on the clock, use the arrow keys on it, or pick a moment. Watch the windows.
5:00 p.m.Clocked out
The time card says 8 hours. In California, hours past 8 in a workday, or past 40 in a workweek, are overtime, paid at one and one-half times your regular rate.
Labor Code § 510(a)
6:40 p.m.Answering texts
Since 6:10, your manager has been texting about tomorrow, and you have been answering. Hours worked include work your employer suffers or permits you to do, even if no one asked, so this time can count when your employer knew or should have known about it.
Wage Order 4, § 2(K); Labor Commissioner overtime FAQ
9:40 p.m.Finishing the report
Back on the laptop since 8:00. The day’s work now adds up to 10 hours 10 minutes; the time card still says 8. Past 8 hours in a workday is time and a half. Past 12, it is double time.
Labor Code § 510(a)
MidnightA new workday
The workday ends, but unpaid overtime does not. Claims can generally reach back three years, and up to four years for some claims under California’s unfair competition law.
Code Civ. Proc. § 338(a); Bus. & Prof. Code § 17208
6:00 a.m.Opening at 6 a.m.
Since 5:40 you have unlocked, disarmed the alarm and set up, all before clocking in at 6:00. Time under your employer’s control may be hours worked. And if this is your seventh day of work in the workweek, the first 8 hours are time and a half; past 8, double time.
Wage Order 4, § 2(K); Labor Code § 510(a)
9:40 p.m. Finishing the report
Back on the laptop since 8:00. The day’s work now adds up to 10 hours 10 minutes; the time card still says 8. Past 8 hours in a workday is time and a half. Past 12, it is double time.
Labor Code § 510(a)
This workday, Tuesday, at 9:40 p.m.
Time card: 8 h 00 m. Worked: 10 h 10 m.
An example workday, midnight to midnight: 8:30 a.m. to 5:00 p.m. on the clock, with a 30-minute meal break.
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If any of these sound like your week, there may be hours you were never paid for.
Ten-hour days, and no overtime on the stub
Your pay stub shows the same straight-time hours every week, no matter how long the days ran.
“You’re salaried, so there’s no overtime”
A salary alone does not make a job exempt. The duties and the pay both have to meet the test.
Work before you clock in or after you clock out
Opening, closing, setting up, cleaning up, waiting to be let out. The clock says one thing; the work says another.
Emails and calls at home
The phone keeps buzzing after the shift, and you answer because you are expected to.
The seventh day in a row
Seven days of work in one workweek, and the seventh paid like any other day.
A bonus left out of your overtime rate
Overtime figured from base pay alone, leaving out the production bonus, commission or shift differential.
“Comp time” instead of pay
You are told to take time off later rather than be paid for the extra hours.
Your hours edited down
The time records show less than you worked, punches you never made, or a meal break you never took.
When the pay stub doesn’t match the weekThe stub says 40. Count the week.
Off-the-clock work rarely shows up on a pay stub. Slide the stub aside to see an example week as it was actually worked, and the hours the stub left out.
Illustrative example: a pay stub showing 40 regular hours and no overtime, and the week that was actually worked.
The week, as worked
Illustrative example
Hours actually worked in this example: Monday through Thursday, 9 hours 40 minutes each day; Friday, 8 hours 50 minutes; Saturday, 4 hours 30 minutes; Sunday off. The stub paid 8 hours each weekday and nothing for Saturday.
Left off the stub
- Mon–Fri · 6:40 a.m.In the door before the 7:00 clock-in+1:40
- Mon–Fri · noonClocked out for lunch. Kept working.+2:30
- Mon–Thu · 7:15 p.m.Emails and calls from the kitchen table+3:20
- Saturday · 8:00 a.m.“Just a few hours” of inventory+4:30
Hours the stub left out12:00
The stub says 40. The week says 52.
Earnings statementSample Employer · Sample Worker
Illustrative
example
| Description | Hours | This period |
|---|---|---|
| Regular | 40.00 | 960.00 |
| Overtime | 0.00 | 0.00 |
| Double time | 0.00 | 0.00 |
| Gross pay | 40.00 | 960.00 |
Hours recorded
- Mon8.00
- Tue8.00
- Wed8.00
- Thu8.00
- Fri8.00
- Sat0.00
- Sun0.00
- Regular hours
- 40.00
- Overtime
- 0.00
Not a real pay stub, worker or employer.Keep for your records
Illustrative example only. In this example, all 12 missing hours are overtime: each one falls past 8 hours in a day or past 40 in the week.
California overtime law, in plain English
California counts overtime by the day as well as by the week. Here is when it starts, what it is based on, and who is covered.
When overtime starts
| Period | Time and a half | Double time |
|---|---|---|
| In a workday | Over 8 hours | Over 12 hours |
| In a workweek | Over 40 hours | No weekly double-time threshold |
| On the seventh consecutive day of work in a workweek | The first 8 hours | Over 8 hours |
Time and a half is one and one-half times your regular rate; double time is twice it. The same hour is not paid at two overtime rates at once.
Labor Code § 510(a)Some employers use an alternative workweek schedule, such as four 10-hour days. It is valid only if the affected employees approved it by a two-thirds secret-ballot vote (or it comes from a union contract), and overtime is still owed for hours beyond the approved schedule, over 40 a week, and double time after 12 hours in a day.
Labor Code §§ 510(a), 511Your regular rate is more than your hourly wage
Your overtime rate is based on your regular rate of pay, which can include nondiscretionary bonuses, commissions and shift differentials, not just your base hourly wage. Every overtime hour must be paid at one and a half or two times that rate.
Labor Commissioner overtime FAQSalaried is not the same as exempt
Being paid a salary does not, by itself, make you exempt from overtime. For the most common exemptions (executive, administrative and professional), both of these must be true:
$70,304
a year or more in 2026: twice the state minimum wage of $16.90 an hour, for full-time work.
More than half
of your work time on genuinely managerial, administrative or professional duties that call for discretion and independent judgment.
If either test is not met, overtime is owed. Some jobs have other exemption rules; we can tell you whether any applies to yours.
Labor Code § 515(a), (c), (e); state minimum wage, California Department of Industrial RelationsOff-the-clock work can count
Hours worked include all the time you are under your employer’s control, including work your employer suffers or permits you to do, even if no one asked you to. Work before clock-in, after clock-out, or from home counts when your employer knew or should have known about it.
Your employer can have a rule against unapproved overtime, but it still has to pay for the overtime hours you actually worked. And you cannot sign away your right to overtime: an agreement to work for less does not cancel what the law requires.
Wage Order 4, § 2(K); Labor Code § 1194(a); Labor Commissioner overtime FAQDeadlines, and where a claim can go
Claims for unpaid overtime can generally reach back three years, and up to four years for some claims under California’s unfair competition law. Some penalties have shorter deadlines, so it helps to act early.
You can file a wage claim with the California Labor Commissioner’s Office or bring a lawsuit in court. We can help you decide which route fits your situation.
Code Civ. Proc. § 338(a); Bus. & Prof. Code § 17208; Labor Code § 1194(a)Asking about overtime is protected
It is illegal for your employer to fire, demote, discipline or punish you for asking about overtime, complaining about unpaid wages, or filing a wage claim.
Labor Code § 98.6What you can recover
What a claim can include depends on the records and the facts. These are the pieces the law provides for.
The unpaid overtime
The difference between what you were paid and the overtime you earned, at the right rate.
Labor Code § 1194(a)Interest
Unpaid wages earn interest from the date they were due.
Labor Code §§ 1194(a), 218.6Attorney’s fees and costs
A worker who recovers unpaid overtime in court is entitled to reasonable attorney’s fees and costs of suit.
Labor Code § 1194(a)Waiting-time penalties
If you have left the job and your final pay willfully left out overtime you were owed, the employer can owe up to 30 days of your daily wages as a penalty.
Labor Code § 203Pay stub penalties
Pay stubs must show your total hours and each pay rate with the hours worked at it. Inaccurate stubs can carry penalties of $50 for the first pay period and $100 for each later one, up to $4,000.
Labor Code § 226(a), (e)PAGA penalties
Where the violations affected coworkers, civil penalties under the Private Attorneys General Act may also apply. PAGA & class actions
Labor Code § 2699
Estimate what you may be owed
The firm’s Wage & Hour Calculator gives a rough estimate of unpaid overtime and related pay from your own hours and rate. It is a starting point, not a promise of any amount.
What to gather
Overtime cases are won on records, and yours count too. Start with what you already have.
Once we take your case, you can upload these in your client app.
Starting today, jot down the date, the time you started and stopped, and what you did, including work after you clocked out.
Pay stubs
Every one you have. They should show your total hours and each rate you were paid, with the hours at that rate.
Your own record of hours
Notes, a calendar, texts, screenshots, badge swipes, GPS or app logs. Your record counts, even if it is rough.
Schedules
Posted schedules, shift texts and group-chat messages about who works when.
Offer letter and job description
If you were called exempt or salaried, these help show what the job really was.
After-hours emails and messages
Anything sent or answered after you clocked out: the timestamps tell the story.
Results in wage and hour cases
Results from wage and hour cases handled by our attorneys.
See all results- $1,800,000SettlementWage and Hour Class Action
- $1,200,000SettlementWage and Hour Class & PAGA Action
Prior results do not guarantee a similar outcome.
Questions about California overtime
Short answers to what people ask most. Your situation may turn on details; a free case review is the way to find out.
Do salaried employees get overtime in California?
Often, yes. Being paid a salary does not, by itself, make you exempt from overtime. To be exempt in 2026, an employee generally must earn at least $70,304 a year, twice the state minimum wage for full-time work, and spend more than half of their work time on genuinely managerial, administrative or professional duties that call for discretion and independent judgment (Labor Code section 515). If you do not meet both tests, you are owed overtime even though you are paid a salary.
How is overtime calculated in California?
Most hourly workers must be paid one and a half times their regular rate for every hour over 8 in a workday, over 40 in a workweek, and for the first 8 hours on the seventh consecutive day of work in a workweek (Labor Code section 510). Your regular rate can include nondiscretionary bonuses, commissions and shift differentials, not just your base hourly wage. Overtime is counted by the day and by the week; the same hour is not paid twice at two overtime rates. For a rough estimate, try the firm’s Wage & Hour Calculator.
What is double time in California?
Double time is twice your regular rate of pay. It applies after 12 hours in a single workday and after 8 hours on the seventh consecutive day of work in a workweek (Labor Code section 510).
How far back can I claim unpaid overtime?
Claims for unpaid overtime can generally reach back three years (Code of Civil Procedure section 338(a)), and up to four years for some claims under California’s unfair competition law (Business and Professions Code section 17208). Some penalties have shorter deadlines, so it helps to act early.
Can my employer give me comp time instead of overtime?
For most private-sector workers, comp time, meaning time off later, is not a lawful substitute for overtime pay. Federal law allows that trade only for government employees, and California’s narrow comp-time rule (Labor Code section 204.3) requires your written request, a written agreement made in advance, and time off at one and a half hours for every overtime hour. If you were given time off instead of overtime pay, the overtime may still be owed.
Can I be fired for asking about overtime?
No. It is illegal for your employer to fire, demote, discipline or punish you for asking about overtime, complaining about unpaid wages, or filing a wage claim (Labor Code section 98.6).
What if I worked off the clock?
That time can still count. Hours worked include all the time you are under your employer’s control, including work your employer suffers or permits you to do, even if no one asked you to. Work before clock-in, after clock-out, or from home counts when your employer knew or should have known about it. Your employer can have a rule against unapproved overtime, but it still has to pay for the overtime hours you actually worked. Keep your own record of the hours: notes, texts, emails, badge or app logs.
Related claims and tools
- PAGA & class actionsWhen the same pay practice shorts a whole workforce.
- Wage & hour violationsUnpaid wages, missed breaks and late paychecks.
- Wage & Hour CalculatorEstimate what you may be owed, before you call.
- Read our guide to claiming unpaid overtimeA short guide to the steps.
- Meal and rest break premiumsLong days often come with skipped breaks.
- Misclassified as an independent contractor?Contractors don’t get overtime. Employees do.
Every hour counts. Let’s count yours.
Tell us about the hours and the pay. We will tell you, in plain English, what the law says you are owed and how to go after it.
- Exclusively for workers
- Free virtual consultations
- Serving California workers since 2012
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This page is general information, not legal advice, and reading it doesn’t create an attorney-client relationship. Laws change and every situation is different; talk to a lawyer about yours.
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