Employee Rights · Wage and Hour
Your Overtime Rights in California, and When to Hire a Wage and Hour Attorney
Many California workers, from restaurant kitchens in Los Angeles to offices across the state, are not sure whether they are legally owed overtime. Knowing your rights first makes it much easier to decide who to hire, and whether you need to hire anyone at all.
Our recommendation: if your overtime has gone unpaid and the amount or your classification is in dispute, speak with wage and hour attorneys who represent California employees. We refer readers to Lawyers for Employee and Consumer Rights (LFECR), an employee-only firm headquartered in Burbank that works on contingency.
Overtime for Non-Exempt Workers: The 8-Hour Day and the 40-Hour Week
Most California employees are non-exempt. For them, the law generally requires time-and-a-half after 8 hours in a day or 40 in a week, and double time after 12 hours in a day. Working a seventh consecutive day in a workweek triggers additional overtime rules. Certain industries and alternative workweek arrangements are treated differently.
Are you really exempt?
Employers sometimes treat salaried workers as exempt when they do not qualify. Under California law, the common executive, administrative, and professional exemptions generally require both of the following:
Minimum annual salary in 2026 for most exemptions, equal to twice the state minimum wage for full-time work.
Primarily performing exempt-level work, such as managing others or exercising independent judgment. A title alone is not enough.
LFECR's glossary compares exempt and non-exempt employees in more detail.
Employer Excuses That Can Still Lead to a Wage and Hour Claim
Some explanations for skipped overtime sound official but do not match California law. Here are common ones:
- What you might hearWhat the law generally says
- "You're salaried, so no overtime."Salary alone does not make you exempt. Both the salary and duties tests must be met.
- "We only pay overtime after 40 hours."California also requires daily overtime after 8 hours.
- "Take comp time instead."Private employers generally must pay overtime in wages, not time off.
- "You didn't get approval, so it doesn't count."Work the employer knew or should have known about is generally compensable, even if unapproved.
LFECR's glossary lists typical overtime violations if you want more examples.
Payroll and Timekeeping Records: The Backbone of a Wage Claim
Before contacting anyone, start collecting evidence. Useful records include pay stubs, timecards, schedules, messages showing work after hours, and your own notes of start and stop times. Employers must maintain time and payroll records, and you can request copies of yours in writing.
When Your Overtime Dispute Warrants a Wage and Hour Attorney
You can file a wage claim with the California Labor Commissioner without a lawyer. An attorney adds the most value when:
- Your employer insists you are exempt
- The unpaid time stretches back months or years
- Other employees were affected by the same practice
- You also have meal and rest break, misclassification, or retaliation issues
Most overtime claims under the Labor Code must be filed within three years, so earlier advice usually preserves more of what you may be owed.
Why LFECR Is Our Pick for Unpaid Wage and Overtime Claims
Based in Burbank in Los Angeles County, LFECR says it represents workers throughout California and offers help in English and Spanish.
Know Your Rights, Then Get Them Enforced
A free, no-obligation case review can tell you whether your overtime was paid correctly.
Speak With a Wage and Hour AttorneyLA Law Online publishes general educational information about California employment law. This article is not legal advice and does not create an attorney-client relationship. Salary thresholds change annually, rules have exceptions, and outcomes depend on specific facts. Consult a qualified California employment attorney.