California Overtime Law
- Blog
- California Overtime Law
You work hard and deserve to be paid fairly for it. Getting overtime pay in California is your right!
California law has your back, and so do we. Learn how overtime works, how employers cheat, and what to do if you're underpaid. We help you fight for (and win) every cent you're owed. Call now!
If you work hard for your money and get paid by the hour, you deserve every cent you've earned. Every. Single. Cent. You’re entitled to it. And not just because it’s the right thing to do. It’s the law.
Unfortunately, too many employers in California are cutting corners and cheating workers out of overtime pay. But here’s the good news: California has some of the strongest overtime laws in the country, and you have rights. If you think you’re not getting the overtime pay you’re owed, you’re not alone—and we’re here to help you fight for what you’ve earned.
In this article, we’ll break down everything you need to know about California overtime laws so you can understand your rights, spot the signs of wage theft, and take action. The consumer protection attorneys at Consumer Attorneys, one of California’s leading consumer protection firms, have the knowledge and determination to ensure you’re treated fairly.
What Is Considered Overtime in California?
Under California labor laws, you are entitled to overtime pay if you work more than eight hours in a day or 40 hours in a week. This is standard. But California goes even further than federal laws. If you work more than 12 hours in a day, you are entitled to double pay. Yes, you read that right—double pay for anything over 12 hours in a single day!
Here’s a breakdown of the overtime laws in California:
- Time-and-a-half. If you work more than eight hours in a day or more than 40 hours in a week, your employer must pay you 1.5 times your regular hourly rate.
- Double time. If you work more than 12 hours in a day, your employer must pay you double your regular hourly rate.
- Seventh consecutive day. If you work seven consecutive days in a workweek, the first eight hours of that seventh day must be paid at time-and-a-half, and any hours beyond that must be paid at double time.
These rules apply to most hourly workers in California, but there are exceptions, such as salaried employees who meet certain qualifications. However, if you’re paid by the hour, these California overtime laws are in place to protect you.
Is Overtime After 8 Hours or 40 Hours in California?
One of the most common questions we hear is, “Is overtime after 8 hours or 40 hours in California?” The answer is both!
You’re entitled to overtime pay if you work more than eight hours in a single day or more than 40 hours in a week. It’s important to note that California’s overtime rules are more generous than federal laws, which only require overtime after 40 hours in a week. This means California workers have more opportunities to earn overtime pay compared to workers in other states.
Overtime starts when you’ve worked more than 8 hours in one day, more than 40 hours in one week, or more than 7 days in a row. But there are exceptions. Contact the Los Angeles unpaid overtime attorney at Consumer Attorneys to discuss your situation. We charge nothing for our initial legal consultation with you. It is now, and always has been, 100% free. We know that you won’t necessarily know whether you need a lawyer until you talk to a lawyer. So, we invite you to call or contact us today to schedule your free consultation.
How Is Overtime Calculated in California?
Now that we’ve covered when you’re entitled to overtime, let’s talk about how to calculate overtime in California. The formula is straightforward, but many employers try to manipulate it. Overtime pay in California is based on your regular rate of pay, which includes more than just your hourly wage—it also includes things like bonuses, shift differentials, and other forms of compensation.
Here’s how overtime is calculated in California:
- Time-and-a-half. If your regular hourly rate is $20, your overtime pay should be $30 for every hour over eight in a day or over 40 in a week.
- Double time. If your regular hourly rate is $20, your double-time pay should be $40 for every hour beyond 12 hours in a day or for hours worked over eight on the seventh consecutive day of work.
Keep in mind that your employer cannot average out your hours over a week to avoid paying you for those extra hours worked in a single day. Each day is counted separately when determining whether overtime is owed.
Common Ways Employers Swindle Workers Out of Overtime Pay
While California overtime laws are clear, many employers still find ways to undercut workers. Here are some of the shady (but all-too-common) tactics they use to avoid paying you what they owe you:
| Tactics Used by Employers | Description |
|---|---|
| Misclassifying employees | Employers may label you as an “independent contractor” or a salaried employee when you’re actually an hourly worker entitled to overtime. |
| Rounding down hours | Employers might round down your work hours to avoid paying for that extra time you’ve worked. |
| Payment Alternatives | Your employer must pay you. Period. Sometimes an employer will try to negotiate, offering future time off or another option instead of money. |
| Off-the-clock work | Employers may pressure you to complete tasks before clocking in or after clocking out, meaning you’re working overtime without getting paid for it. |
| Arithmetic Errors | Sometimes they just make “mistakes” or “accounting errors” when calculating your paycheck, thinking you won’t do the math yourself. |
If any of this sounds familiar, you might be getting cheated out of your overtime pay. But you don’t have to take it lying down.
What Can You Do if You’re Not Getting Your Overtime Pay?
If you suspect your employer is breaking California overtime laws, it’s time to take action. Here’s what you can do:
- Keep track of everything. Keep detailed records of your hours worked, including any breaks and off-the-clock work you’re asked to do. Every. Single. Minute. This can be crucial evidence if you decide to file a claim.
- Talk to a consumer protection attorney. Navigating California labor law overtime can be tricky, and employers often have their own lawyers ready to protect them. You need someone in your corner who knows the ins and outs of the law and isn’t afraid to stand up to your employer. You can contact Consumer attorneys at any time.
- File a wage claim.: You can file a claim with the California Labor Commissioner’s Office to recover unpaid overtime. This process can be lengthy, but with a lawyer’s help, you can increase your chances of a successful outcome.
- Consider a lawsuit. If your employer’s violation is widespread, you may be able to file a class action lawsuit on behalf of yourself and your coworkers to recover unpaid wages.
Don’t Let Your Employer Take Advantage of You
The bottom line is this: If you’re an hourly worker in California, your time is valuable, and your employer is legally required to compensate you for it. With the cost of living as high as it is, missing out on overtime pay can make it even harder to make ends meet. The overtime laws California has put in place are there to protect you, but they don’t mean much if you’re not being paid what you deserve.
The Importance of Working with a Consumer Protection Attorney
Fighting your employer alone can be really tough, especially if you’re already overworked and underpaid. You may be afraid of losing your job. You may live paycheck to paycheck. We know how that feels. And we know how “taking” a “day off” from work to talk to your lawyer can affect you. When you live paycheck to paycheck, anytime something is missing in that paycheck changes life as you know it. So call us anytime. Email us anytime. We will find a way to work with you.
You don’t have to do it by yourself. Our consumer protection attorneys understand how employers try to get around California overtime laws, and we have the tools and knowledge to hold them accountable.
By working with an attorney, you’ll have someone who can:
- Review your paystubs and work hours to determine if you’ve been shortchanged.
- File legal claims on your behalf and represent you in negotiations.
- Take your case to court if necessary to recover your unpaid wages.
You work hard to support yourself and your family. The last thing you should worry about is your employer stealing the pay you’ve rightfully earned. Our job is to make sure you get every cent you're entitled to under CA OT laws.
Let Us Help You Get the Pay You Deserve
If you’ve been cheated out of your overtime pay, you’re not alone. Employers often hope their workers won’t notice or won’t fight back—but with the right legal help, you can turn the tables. Whether you’re owed a few hundred dollars or several thousand, you deserve every bit of it. Don’t let fear or exhaustion stop you from standing up for your rights. Contact our consumer protection attorneys today for a free consultation. We’ll listen to your story, review your situation, and help you figure out the next steps.
It’s time to get the pay you’ve worked so hard for. Let us fight for you.
Frequently Asked Questions
In California, employees who work more than 5 hours in a day are entitled to a 30-minute unpaid meal break. However, if the total workday is 6 hours or less, the employee and employer can mutually agree to waive this meal break. This allows flexibility for shorter shifts. In addition to meal breaks, employees are also entitled to a 10-minute paid rest break for every 4 hours worked, or a major fraction thereof. Employers are responsible for ensuring these breaks are provided and that employees understand their rights regarding break periods. If you feel your employer is denying you your lawful breaks, seeking advice from a consumer protection attorney is important.
Yes, a 2-hour shift is legal in California, but there are important protections in place for employees. If an employee reports for a scheduled shift and is sent home before completing at least half of it, the employer must pay them for half of the scheduled hours. This is called "reporting time pay." The minimum compensation is 2 hours, and the maximum is 4 hours, regardless of the scheduled shift's length. This rule ensures workers aren't unfairly denied wages for showing up to work as required. If you're not fairly compensated under this law, you should consider contacting a consumer protection attorney to discuss your rights.
In California, employers are generally allowed to schedule employees to work on their day off unless a contract, collective bargaining agreement, or company policy specifically prevents it. The state doesn't guarantee a set number of days off, so employers have flexibility in scheduling. However, if working on a day off results in overtime—such as exceeding 8 hours in a single day or 40 hours in a week—the employer is legally required to pay the appropriate overtime rate. If your employer is pressuring you to work excessively or denying your rightful overtime pay, this may be a violation of labor laws. It's important to consult with a consumer protection attorney to ensure your rights are protected.
California law does not explicitly forbid employers from contacting employees after hours. However, if you're a non-exempt employee (meaning you’re entitled to overtime), any work you perform outside of your regular hours, such as answering phone calls, responding to emails, or handling work tasks, must be compensated. This includes any time spent working off the clock. If your employer regularly expects you to work without pay during your off hours, it could be a violation of wage and hour laws. Employers are legally required to compensate employees for all time worked. If you're facing this situation, contacting a consumer protection attorney can help you understand and defend your rights.
Daniel Cohen is the Founder of Consumer Attorneys. Daniel manages the firm’s branding, marketing, client intake and business development efforts. Since 2017, he is a member of the National Association of Consumer Advocates and the National Consumer Law Center. Mr. Cohen is a nationally-recognized practitioner of consumer protection law. He has a we... Read more
Related Articles
