Unpaid Overtime

What Is Overtime Law in California?

Overtime and Double Time is a form of additional compensation paid to certain employees who put in additional hours at work beyond what the law considers normal hours. [Normal hours are 8 hours in a workday or 40 hours in a workweek.]

Who is Entitled to Overtime in California?

Most employees in California are entitled to overtime compensation. If the employee is properly classified as a non-exempt employee then the employee is afforded the protections of California Labor Code sections 510 and 1194 and the employee supposed get paid overtime.

Overtime laws do not apply to all employees. The following employees are not entitled to overtime compensation

A properly classified exempt employee is not entitled to overtime compensation, but there’s always a question as to whether or not the employee is properly classified as exempt.

An independent contractor is not entitled to overtime compensation.

• Employees of a public entity.
• Volunteers.
• Students who perform work as part of their curriculum.
• Employees Covered by Collective Bargaining Agreements.

What is The Labor Commissioner’s Opinion

Who is Not Entitled to Overtime?

• Executives
• Administrative Employees
• Professional Employees
• Employees in the Computer Software Field
• Outside Salespeople
• Inside Sales or Commissioned Sales Employees
• Private Teachers
• Truck Drivers
• Independent Contractors
• Employees of a Public Entity
• Any individual who is the parent, spouse, child, or legally adopted child of the employer
• Volunteers
• Students who perform work as part of their curriculum
• Certain Student nurses
• Employees Covered by Collective Bargaining Agreements
• Taxicab drivers
• Crew members employed on a commercial fishing boat
• Professional actors

Certain Employees Have Their Own Overtime Rules in California

Some California Employees Have Special Overtime Rules:

• Ambulance Drivers and Attendants
• Domestic Workers
• Group home employees
• Nurses
• Employees subject to a validly adopted alternative workweek schedule 
• Employees in the healthcare industry who are subject to a validly adopted alternative workweek schedule 
• Employees Who Are Required To Reside On The Employers Premises

How Does Overtime Work in California?

California has daily and weekly overtime and daily and weekly double time. A non-exempt employee is entitled to overtime compensation or 1/2 times (1.5) his or her regular rate of pay and Double time or (2) times the regular rate of pay in the following circumstances:

• Overtime for hours worked in excess of 8 hours in a workday.
• Overtime for hours worked in excess of 40 hours in a workweek.
• Overtime for the first 8 hours of work on a seventh day [This applies only if the employee works seven (7) days straight in a workweek].
• Double time for hours worked in excess of 12 hours in a workday.
• Double time for hours worked in excess of 8 hours on the seventh consecutive workday [This applies only if the employee works seven (7) days straight in a workweek].

What is The Labor Commissioner’s Opinion

How to Calculate Overtime Compensation

What are the Damages if an Employer Does Not Pay Overtime?

An individual who has not been paid overtime compensation may be entitled to the following damages: 

1. The unpaid balance of the full amount of the overtime compensation; 
2. Interest; 
3. Attorney’s fees; 
4. Costs of suit; 
5. Waiting time penalties if the employee has quit, been terminated, discharged or laid off ; 
6. Statutory Penalties; and 
7. Civil Penalties under Labor Code section 2698 et seq., also known as the Private Attorneys General Act (PAGA);

For a detailed review of the PAGA penalties click here.

What is the Statue of Limitations For an Overtime Claim in California?

The statute of limitations for an overtime wage claim is three years before the date the lawsuit is filed in court. The statute of limitations is extended to four years before the date the lawsuit is filed in court if violation of California’s Unfair Competition Law (UCL) (Business & Professions Code § 17200 et seq.) is also alleged. This means that the employee can go back four years from the date a civil complaint is filed to recover any unpaid overtime wages.

Contact a Los Angeles Overtime Lawyer

The Law Offices of Morris Nazarian provides representation to employees seeking the payment of overtime wages, minimum wages, missed meal and rest breaks, vacation wages, deductions from wages, severance pay, misclassification, independent contractor cases and other unpaid wages or commissions. We also handle harassment and discrimination claims.

If you have been denied overtime wages in the workplace, it is important that you speak to a knowledgeable overtime attorney who understands California overtime laws. Los Angeles overtime attorney Morris Nazarian has successfully represented employees who have been denied their hard-earned overtime compensation. Please contact contact Los Angeles Employment Attorney Morris Nazarian by calling (310) 284-7333 to make an appointment.