If you’re working more than 8 hours a day or over 40 hours a week and your employer refuses to pay overtime in California, you’re not alone. Wage theft, especially unpaid overtime, is one of the most common labor violations in the state.
At Seligson Law, we are led by seasoned advocate Ken Seligson, and we work with employees across California to help them get the pay they have legally earned. If you’re dealing with unpaid overtime, here’s what you need to know and how we can help.
Understanding California Overtime Laws
California has some of the most protective overtime laws in the country. Here are the basics:
- You are entitled to time-and-a-half pay if you work more than 8 hours in a day.
- You are entitled to time-and-a-half pay if you work more than 40 hours in a week.
- If you work more than 12 hours in a day, you must be paid double time.
- On the seventh consecutive day of work in a workweek, the first 8 hours must be paid at time-and-a-half, and any hours beyond that at double time.
These rules apply to non-exempt employees, and most workers in California fall into this category.
Signs Your Employer May Be Violating Overtime Laws
Not every violation is obvious. Here are some red flags:
- You’re told to clock out but keep working.
- Your paychecks never show overtime, even when you’ve worked long hours.
- You’re paid the same flat salary no matter how many hours you work.
- You’ve been labeled as “exempt”, a manager, or an “independent contractor”, but don’t manage anyone or make high-level decisions.
- You’re discouraged from recording overtime, or the company edits your timesheets to reduce your time.
If any of this sounds familiar, you may be entitled to back pay, penalties, and more. A lawyer can help you figure it out.
Document Everything
Start gathering documentation. This includes:
- Pay stubs
- Work schedules
- Timecards or clock-in records
- Emails or texts about your work hours
- Notes on when you worked and what tasks you performed
Having a record of your hours and communication will make it easier to prove a pattern of unpaid overtime.
Talk to Your Employer (If Safe)
If you feel comfortable, you can raise the issue with your supervisor or HR. Sometimes overtime violations happen due to poor recordkeeping or misunderstanding the law. However, if you’re worried about retaliation, it’s okay to skip this step and talk to a lawyer first. If you report wage theft and then are fired, you might have a very strong retaliation claim.
Why Talk to a California Overtime Lawyer
At Seligson Law, we’ve seen all the tactics employers use to avoid paying what they owe. We know how to:
- Analyze your classification to see if you should be getting overtime
- Gather evidence to support your claim
- Handle negotiations with your employer
- File wage claims or lawsuits if needed
- Work to recover your unpaid wages, penalties, and more
We keep things clear and straightforward, and we’re here to make sure you don’t go through this alone.
Industries Where Overtime Abuse Is Common
Wage violations happen in every field, but some are more common than others:
- Restaurants and hospitality
- Construction
- Retail
- Logistics, delivery, and transportation
- Health care
- Manufacturing
In fast-paced or understaffed environments, workers are often pressured to stay late, skip breaks, or accept flat-rate pay. These are red flags.
How Long Do You Have to File a Claim?
In California, the statute of limitations for unpaid wages, including overtime, is generally three years. That means you can recover wages going back three years from the date you file. Don’t wait until it’s too late.
Contact Our Employment Attorneys at Seligson Law Today
If you believe your employer is violating California overtime laws, we’re here to help. At Seligson Law, we handle cases involving unpaid overtime, wage disputes, and break violations. We understand what workers go through and fight to get our clients what they’re owed.
Schedule a consultation today by calling 213-293-6692 or emailing us at intake@seligsonlaw.com.
You’ve worked the hours. Now let us help make sure you get paid.
Frequently Asked Questions about employers refusing overtime pay
1. What is considered unpaid overtime in California?
Unpaid overtime refers to any hours worked beyond 8 hours in a day or 40 hours in a week that are not compensated at the legally required overtime rates.
2. Can my employer make me work overtime without paying extra?
No. California law requires that non-exempt employees be paid time-and-a-half or double time depending on the hours worked.
3. What if I’m paid a salary? Do I still get overtime?
Being salaried doesn’t automatically mean you’re exempt from overtime. Your job duties and how you’re paid matter. Many salaried workers are still entitled to overtime.
4. How do I know if I’m misclassified as exempt?
If you don’t manage others, don’t make executive decisions, or primarily perform routine tasks, you may be misclassified. A lawyer can help review your situation.
5. Can I be fired for asking about unpaid overtime?
Retaliation is illegal. If your employer punishes you for asserting your wage rights (i.e. reduces your hours or terminates you), you may have an additional claim.
6. What can a lawyer do for my unpaid overtime claim?
A lawyer can evaluate your case, gather the right evidence, communicate with your employer, and take legal action to help you recover what you’re owed.
