Unpaid California Overtime: How to Know If You’re Owed Money

Unpaid overtime is one of the most common (and most misunderstood) employment law violations in California. Many workers assume that working late, skipping breaks, or answering emails after hours is simply “part of the job.” Others are told they’re salaried and therefore not entitled to overtime pay.

In reality, California has some of the strongest overtime protections in the country, and many employees are legally owed significant back pay without realizing it.

If you regularly work more than eight hours a day or forty hours a week, this guide will help you understand whether your employer may be violating the law—and what you can do about it.

California’s Overtime Laws: The Basics

California overtime laws are far more employee-friendly than federal law.

In California, most non-exempt employees are entitled to:

1. Time-and-a-half pay (1.5× regular rate) for:

• More than 8 hours in a single workday
• More than 40 hours in a workweek
• The first 8 hours on the 7th consecutive workday

2. Double-time pay (2× regular rate) for:

• More than 12 hours in a single workday
• More than 8 hours on the 7th consecutive workday

This daily overtime rule is one of the biggest differences between California law and federal law—and one of the most common areas where employers violate employee rights.

Common Myths About Overtime Pay

Many employees don’t pursue unpaid wages because they believe one of these myths:

“I’m salaried, so I don’t get overtime.”

Not necessarily. Being paid a salary does not automatically make you exempt from overtime.

“My job title makes me exempt.”

Titles like “manager,” “supervisor,” or “administrator” don’t determine exemption—your actual job duties do.

 “I agreed to work overtime without extra pay.”

Overtime rights cannot be waived, even if you signed something.

 “I didn’t get approval for overtime, so I won’t be paid.”

If your employer allowed or knew about the work, they must pay you—even if it wasn’t authorized.

Who Is Entitled to Overtime in California?

Most hourly workers are entitled to overtime. But even many salaried workers qualify as well.

To be legally exempt, an employee must meet all of the following:

1. Salary Test

You must earn at least:

• Twice the California minimum wage
• For 2024, that’s $66,560 per year for full-time employees

2. Duties Test

Your primary job duties must fall into a recognized exempt category:

• Executive
• Administrative
• Professional

If your job is primarily hands-on, repetitive, or task-based, you are likely non-exempt, even if paid a salary.

3. Independent Judgment Test

You must regularly exercise independent decision-making authority—not just follow company policies or scripts.

If any of these are missing, you are likely owed overtime.

Common Ways Employers Violate California Overtime Laws

1. Misclassifying Employees as Exempt

This is one of the most widespread wage violations in California.

Commonly misclassified roles include:

• Assistant managers
• Retail supervisors
• Office administrators
• IT support staff
• Customer service leads

Just because someone supervises others does not automatically make them exempt.

2. Off-the-Clock Work

Employers may require or expect employees to:

• Answer emails after hours
• Clock out but continue working
• Set up or shut down equipment unpaid
• Attend unpaid meetings or trainings

If the work benefits the employer, it must be paid.

3. Skipping Meal and Rest Breaks

California law requires:

• A 30-minute unpaid meal break for shifts over 5 hours
• A second meal break for shifts over 10 hours
• Paid rest breaks every 4 hours

If breaks are missed or interrupted, employees are owed premium pay, often equal to one extra hour of wages per violation.

4. Miscalculating the Regular Rate of Pay

Overtime in California must be calculated using your true regular rate, which may include:

• Bonuses
• Commissions
• Shift differentials
• Incentive pay

Many employers improperly calculate overtime using only base hourly pay.

5. Averaging Hours Across Workweeks

Employers may not average hours between weeks to avoid overtime.

Example:

• Week 1: 50 hours
• Week 2: 30 hours

They cannot average this to 40 hours per week. Overtime must be paid for Week 1.

Signs You May Be Owed Overtime Pay

You may have a claim if:

• You regularly work more than 8 hours per day
• You work through lunch breaks
• You’re paid a salary but perform non-exempt work
• You’re expected to answer calls or emails off the clock
• You never receive overtime pay
• Your employer discourages reporting overtime

Many employees are owed thousands—or even tens of thousands—of dollars in unpaid wages.

What Compensation Can You Recover?

Under California law, employees may recover:

• Unpaid overtime wages
• Interest on unpaid wages
• Meal and rest break premiums
• Waiting time penalties (up to 30 days of wages)
• Attorney’s fees and costs
• Civil penalties

In some cases, wage violations can go back up to four years depending on how the claim is filed.

What to Do If You Think You’re Owed Overtime

1. Start Tracking Your Hours

Keep records of:

• Start and end times
• Breaks missed
• After-hours work
• Emails or messages outside work hours

2. Save Pay Stubs and Schedules

These documents help establish patterns of underpayment.

3. Don’t Confront Your Employer Immediately

Employers sometimes retaliate or try to “fix” records once concerns are raised.

4. Speak With an Employment Attorney

An attorney can:

• Review your classification
• Calculate unpaid wages
• Determine if penalties apply
• Protect you from retaliation

California law strictly prohibits retaliation for wage complaints.

Frequently Asked Questions

Can my employer fire me for asking about California overtime?

No. Retaliation for asserting wage rights is illegal under California law.

How far back can I recover unpaid overtime?

Typically:

• 3 years for labor code violations
• Up to 4 years under unfair business practice claims

What if I’m paid a salary?

Salary alone does not determine exemption. Many salaried employees are still owed overtime.

Do I need to quit to file a claim?

No. Many employees bring claims while still employed.

Can multiple employees file together?

Yes. Wage claims are often brought as class actions or representative actions.

Unpaid overtime is one of the most common labor law violations in California. Employers often rely on confusion, misclassification, or fear of retaliation to avoid paying what employees are legally owed.

If you’re working long hours without proper pay, there’s a strong chance your rights are being violated.

Understanding your classification, tracking your hours, and knowing when to seek legal help can make the difference between continuing to lose wages—or recovering the compensation you’ve earned.