California labor law provides some of the strongest worker protections in the United States, especially when it comes to overtime pay. Employees who work beyond a standard work schedule may be entitled to higher wages. Understanding how overtime is defined and who qualifies for it is essential for protecting your rights as a worker.

What Is Overtime Under California Law?

California Labor Code requires that eligible employees be paid overtime wages when they work beyond certain thresholds. Overtime pay is calculated at higher rates than regular wages to compensate employees for extended hours worked.

• 1.5 Times the Regular Rate of Pay: For all hours worked over 8 in a single day, over 40 in a workweek, or for the first 8 hours on the seventh consecutive workday in a week.
• 2 Times the Regular Rate of Pay: For all hours worked over 12 in a day or over 8 hours on the seventh consecutive workday in a workweek.

Who Is Eligible for Overtime Pay?

Not all workers are entitled to overtime. California distinguishes between “non-exempt” and “exempt” employees. Only non-exempt employees are eligible for overtime pay. Eligibility is generally based on job duties and salary level.

• Non-Exempt Employees: Hourly workers and many salaried employees who do not meet exemption requirements under state or federal law.
• Exempt Employees: Typically include executives, administrators, professionals, and certain salespeople who meet specific duties tests and earn a minimum monthly salary.

Common Misclassifications

Employers sometimes incorrectly classify workers as exempt to avoid paying overtime. If you are being denied overtime but regularly work more than 8 hours a day or 40 hours a week, you may have been misclassified.

• Being salaried does not automatically make you exempt from overtime.
• Your actual job duties and level of control over your work matter more than your job title.
• If you’re unsure of your classification, consult an employment attorney.

How to Recover Unpaid Overtime

If your employer has failed to pay you legally required overtime wages, you may file a wage claim with the California Labor Commissioner’s Office or file a civil lawsuit. Compensation may include unpaid wages, interest, penalties, and attorney fees.

Consult a California Overtime Attorney

Understanding overtime law can be complex, especially when exemptions and misclassification come into play. If you suspect your employer is violating California’s overtime laws, speak with an experienced employment attorney. At the California Labor Law Employment Attorneys Group, we help workers recover the pay they’ve earned. Contact us for a free consultation. You pay nothing unless we win your case.