If your employer denied you overtime pay in California, you need answers fast. I've spent nearly three decades handling employment cases, and I know how companies try to avoid paying what workers earn. We evaluate your case quickly and work on contingency, so you pay nothing unless we recover money for you.
Unpaid overtime? Connect with one of our Los Angeles overtime attorneys by calling (818) 990-8300 or by submitting your request form online. Your initial consultation is free.
Our Results in Overtime and Wage Cases
- $8.5 Million Settlement for overtime pay violations against a large national bank. Secured compensation for employees systematically denied proper overtime rates across multiple California locations.
- $4.5 Million Settlement for denial of overtime pay for drivers at a national delivery company. Recovered unpaid overtime wages for workers who regularly exceeded 8 hours per day without proper compensation.
- $2.6 Million Settlement for meal and rest break violations combined with overtime pay violations against a prominent national auto parts dealer. This case highlighted the critical importance of adhering to employment laws and ensuring the rights of employees in the automotive industry.
- $1.8 Million Settlement for unlawful deductions, overtime pay violations, and minimum wage violations at a national media research company. Addressed multiple wage violations affecting workers across various pay categories.
What Is Overtime Pay Under California Law?
California requires employers to pay time-and-a-half (1.5x your regular rate) after 8 hours in a workday or 40 hours in a workweek. Double time (2x your regular rate) kicks in after 12 hours in a single day or after 8 hours on the seventh consecutive day of work. These rules apply to non-exempt employees, and they're significantly stronger than federal overtime protections.
Overtime pay requirements are spelled out under the law as follows:
- If you work more than 40 hours in a week, you must be paid one and a half times your normal rate of pay for the overtime hours.
- If you work more than eight in a day, you must be paid one and a half times your normal rate of pay for the overtime hours.
- If you work more than 12 hours a day, you must be paid double your normal rate of pay for the overtime hours.
Independent Contractors & Overtime
Some workers do not qualify to receive overtime pay. Included in these are independent contractors. Some employers attempt to dodge paying overtime to employees by misclassifying them as independent contractors when they are not. However, under California law, you are considered an employee unless your employer has specifically proven that you are an independent contractor. If you believe you have been misclassified in this way, Kingsley Szamet Employment Lawyers can review your situation to determine whether you should be properly classified and receive the overtime pay you were denied. Let our Wage and Hour Lawyers in Los Angeles help you better understand your rights.
Common Overtime Violations in California
Unpaid Off-the-Clock Work
We have seen this one before. Employers require workers to boot up computers, put on safety gear, attend meetings, or close out registers before clocking in or after clocking out. If you work for a retail client that requires you to work 15-20 minutes of unpaid work daily for three years the unpaid wages add up quickly. Do the math. That adds up to thousands in unpaid wages. California law counts all time under employer control as compensable hours.
Misclassification as Exempt Employee
Just because your employer pays you a salary doesn't make you exempt from overtime. I've handled cases where companies slapped a manager title on someone who spent a significant amount of their time doing the same work as hourly staff. One of our cases involved a group of stock brokers who had been misclassified. Our firm was able to get a $44,000,000 settlement on behalf of a group of stock brokers. California uses strict tests for exemptions. If you don't primarily perform executive, administrative, or professional duties with real discretion, you might be misclassified and owed overtime regardless of your title.
Failure to Pay Double Time
Some employers don't know about California's double-time requirement. After 12 hours in a day, your pay rate doubles. This wage violation could cost an employer a significant amount of money.
Meal & Rest Break Violations Affecting Overtime
When employers deny your 30-minute meal break or 10-minute rest breaks, they owe you one hour of pay at your regular rate as a penalty. But here's what most workers miss: if you're working through breaks during overtime hours, that unpaid time should calculate at overtime rates when determining total hours worked. break violations could even push employees into double-time territory. These meal and rest break issues compound quickly.
Illegal Rounding or Time-Shaving
California allows time rounding only if it's neutral over time. What you might actually find in payroll audits? Systems that round down or automatically deduct time. Think about it, what if your employer uses a software that shaves off minutes from every shift. Across 200 employees over four years, that could become a multi-million dollar wage theft case. Any timekeeping practice that systematically shorts workers violates state law.
California Overtime Laws Explained in Plain English
Who Qualifies for Overtime
Most employees in California qualify for overtime unless they meet specific exemption criteria. The exemptions are narrow and technical. You must earn at least twice the minimum wage on a salary basis, and your primary duties must involve executive functions, administrative discretion, or learned professional work. The employer bears the burden of proving you're exempt. I've won cases where workers earned an annual salary but still qualified for overtime because their actual job duties didn't match the exemption requirements.
Outside sales employees, certain computer professionals earning above statutory thresholds, licensed doctors and lawyers, and some unionized workers have different rules. But if you're punching a clock, following someone else's procedures, or doing manual labor, you might qualify for overtime regardless of your pay level or job title.
Overtime Rates and Calculations
California overtime works on both daily and weekly calculations, and you get whichever pays more. Time-and-a-half applies after 8 hours in a day or 40 hours in a week. The seventh consecutive day of work triggers overtime rates for all hours worked that day. After 12 hours in any single day or after 8 hours on that seventh day, double time kicks in.
Your regular rate isn't just your hourly wage. It includes non-discretionary bonuses, shift differentials, and certain other compensation divided by total hours. I've seen employers try to exclude production bonuses or hazard pay from overtime calculations. That's illegal. Every form of compensation except true gifts and discretionary bonuses must factor into your overtime rate.
Deadlines to File a Claim (Statute of Limitations)
You have three years to file a claim for unpaid overtime in California if the violation was willful, meaning your employer knew about the law and ignored it. For non-willful violations, the deadline drops to two years.
Don't wait. Workers who come in days after their deadline expires may no longer have a claim, simply because they waited too long. Payroll records get destroyed, witnesses disappear, and companies fold. The sooner you act, the better for your claim.
Penalties Employers Must Pay
Beyond the unpaid overtime itself, California imposes waiting time penalties if your employer doesn't pay all wages owed when you leave. That's up to 30 days of continued wages at your daily rate. Employers who violate wage laws also face penalties of $100 for initial violations and $200 plus 25% of the amount unlawfully withheld for subsequent violations per employee per pay period.
Labor Code Private Attorneys General Act (PAGA) claims add civil penalties on top of your individual recovery. A good lawyer will know when and how to use PAGA to secure additional payments in cases involving systematic violations affecting multiple employees. The penalties could exceed the actual unpaid wages when violations span years.
Your Rights Against Retaliation
California law absolutely prohibits employer retaliation for asserting your wage rights. If your employer cuts your hours, demotes you, fires you, or creates a hostile environment after you complain about unpaid overtime, that's an independent legal violation.
If you are being retaliated against, Document everything. Save emails, texts, and write down verbal conversations with dates and witnesses. Retaliation cases often hinge on timing and documentary proof. File your complaint in writing when possible so there's a clear record that your employer knew you were asserting protected rights.
Do You Have an Overtime Claim?
If you feel like you may have an overtime claim, watch for these warning signs:
- You regularly work more than 8 hours but only get paid your normal rate
- You're salaried and called a manager, but you don't actually manage anyone or make business decisions
- Your employer requires work tasks before clocking in or after clocking out
- You never received double-time pay despite working 12+ hour shifts
- Your time records show rounded hours or missing time you definitely worked
- You're paid a day rate regardless of hours worked
- Your employer claims you're an independent contractor but controls when and how you work
- You've been told overtime isn't in the budget or you need permission to claim it
If even one of these applies, you likely have a claim.
Why Employees Choose Our Los Angeles Overtime Lawyers
Our firm has spent 29 years fighting wage theft in California, and we've seen a lot. We've recovered over $300 million for workers because we understand both the law and how to apply it for overtime claims. When employers see our firm's name on a complaint, they know we'll take the case to trial if they don't make a fair offer.
Our trial-ready reputation matters. Many firms file claims hoping for quick settlements. We prepare every case as if it's going before a jury because sometimes that's what it takes. I've tried cases throughout Los Angeles County and secured verdicts as large as $44 million dollars. We know the Los Angeles employment landscape. Local judges, opposing counsel, and the specific challenges workers face in this region. That experience can translate to better results and faster resolutions.
Meet Our Employment Attorneys
Eric Kingsley
Eric Kingsley founded this firm to help protect employees who have become victims of employment violations. Over the last 29 years, Eric has handled more than 150 wage and hour class actions and helped recover over $300 million for California employees. His approach is simple: investigate thoroughly, negotiate aggressively, and try cases when employers won't pay what's right.
He earned his J.D. from Loyola Law School and maintain an AV Preeminent® rating from Martindale-Hubbell, the highest peer-review rating for legal ability and ethics. The California CAOC honored him with their Presidential Award of Merit in 2024. Eric has been selected for Super Lawyers multiple years and received the Best in Law Award.
The $8.5 million overtime settlement against a major national bank remains one of his most significant recoveries for an overtime violation claim. But a $15,000 case for a single victim who got shorted on overtime means just as much. Every worker deserves their full pay.
Kelsey Szamet
Kelsey joined our firm as a partner after earning her law degree from UCLA School of Law. She's been recognized by Super Lawyers, named to America's Top 50 Lawyers, and received the Lawyers of Distinction award. What sets Kelsey apart is her ability to explain complex wage laws in ways clients and juries understand. She's secured significant settlements in cases involving employment law violations across multiple industries.
How an Overtime Lawyer Can Help You Recover Pay
When you call us, we start with a thorough case investigation. We may ask about your job duties, typical schedule, pay structure, and any red flags you've noticed. If we feel it's necessary, we may request your payroll records, timekeeping data, employee handbook, and job description. Most employers must provide these within 21 days under California law.
If your case goes to trial, you'll have attorneys who've won verdicts in Los Angeles courtrooms. We've cross-examined corporate executives and walked juries through evidance until violations became undeniable. Trial is always the last option, but it's an option we're fully prepared to execute.
What Our Clients Say
"I had a very positive experience with Kingsley Szamet Employment Lawyers. The team is professional, responsive, and truly cares about their clients. They explained everything clearly, guided me through the process, and achieved a great outcome. Highly recommend them for anyone dealing with workplace issues."
- Keith G.
"This employment law firm was amazing. I had the pleasure of having Kelsey, one of the firm partners assigned to my case. She was attentive and genuine in everything that I needed and listened to everything that I said to her. She was always completely transparent as to what was going on with my case and she worked diligently to get it resolved as quickly as possible. I am very grateful for her and her efforts. Her communication throughout the process was superb! She treated me like a person and not just a client. I definitely recommend Kingsley and Kingsley Employment Lawyers!"
- William G
Frequently Asked Questions About Overtime Claims
Can salaried employees get overtime?
Yes, if you don't meet California's strict exemption tests for executive, administrative, or professional employees. Salary alone doesn't make you exempt from overtime.
Can my employer fire me for filing a claim?
No, and if they do, you have a separate retaliation claim worth substantial damages. California law protects workers who assert wage rights.
Speak With a Los Angeles Overtime Lawyer Today
You've earned every dollar of overtime pay California law guarantees. If your employer denied you that money, we'll fight to recover it. We offer free consultations, work on contingency, and respond quickly to new cases. Most importantly, we have 29 years of experience and $300 million in results proving we know how to win these cases. Utilizing a skilled employment law attorney is one of the best ways to protect your rights and secure compensation. We can answer any of your questions and help you take action against an employer who has engaged in unlawful behavior. Our firm is dedicated to holding employers accountable.
You may have limited time to recover unpaid overtime under California law. Statutes of limitation run regardless of whether you've filed a claim. The sooner we start investigating your case, the more evidence we preserve and the stronger your claim becomes.
Get a free case review by calling (818) 990-8300 or contacting us online today.
