Are you being cheated out of overtime pay? We answer your unpaid overtime questions

California workers are protected by labor laws . It doesn’t matter where you were born or your legal status—from the moment you are hired, you are entitled to the prompt payment of wages. This includes bonuses, commissions, reimbursements, and overtime.

If you earn a salary and worked extra hours, you are likely owed payment for that time. However, if your boss refuses to pay you, you can file an unpaid overtime lawsuit, keeping in mind the burden of proof is on you.

Before we get ahead of ourselves, let’s set the record straight. Here are your questions about unpaid overtime—answered.

What is overtime work?

Overtime work is work you do beyond your regular working hours. For most salaried employees, overtime kicks in if they work:

• More than eight hours in a day
• More than 40 hours in a week
• More than six days in a week

Am I owed overtime for my job in California?

In most cases, yes. You are owed payment if you work overtime at your job in California. Some employees are exempt from this rule—for example, some independent contractors or staff that earn commissions—but generally, it is against California labor laws for an employer to deny payment for overtime work.

How much should I be paid for overtime?

At a minimum, you are entitled to one and one-half (1.5) times your typical hourly rate for overtime.

If you work longer than 12 hours in a single day or more than eight hours on your seventh day of work in a single week, you are owed double your regular hourly rate.

If you earn a salary, you can calculate your hourly rate by following these three steps:

• Determine your annual salary by multiplying your monthly remuneration by 12.
• Calculate your weekly salary by dividing your annual salary by 52.
• Get your regular hourly rate by dividing your weekly salary by your maximum regular hours (40).

When should I be paid for overtime hours?

If you are paid weekly, biweekly, or twice monthly, your employer has seven days after the end of the payroll period to pay you for your overtime hours. If you don’t fit into the above payroll schedule, you must be paid overtime by the second payday following the overtime work.

My employer didn’t ask me to work overtime—do they still have to pay me?

Yes. Your employer must pay you overtime regardless of whether they asked you to work extra hours or not. Even if you have violated your employer’s policy by working overtime without their authorization, they are still obligated to compensate you for your time.

Is my employer allowed to ask me to work ‘off-the-clock’?

Some employers try to spin unpaid overtime as ‘off-the-clock’ work. Tasks like pre- and post-shift duties, administrative activities, and work performed during a meal break often fall into this category.

Off-the-clock work is unlawful, and employers are required to compensate you at your regular hourly wage or, if the off-the-clock work pushes you over your maximum number of work hours, at your overtime rate.

What should I do if my employer refuses to pay me overtime?

First, speak with your employer. Give them the benefit of the doubt—your unpaid overtime may be a symptom of a misunderstanding or poor communication.

If your employer still refuses to pay your overtime, speak with an experienced employment attorney. With an employment law specialist in your corner, you can explore available legal options and plot your roadmap forward. In some cases, that will mean recovering unpaid overtime by filing a lawsuit against your employer.

Is it really worth filing a lawsuit for a few hundred dollars of overtime? I hear you. But even though your unpaid overtime is not a life-changing amount of money, it doesn’t mean your employer shouldn’t be held accountable for violating the law. If you are being denied overtime pay, your employer could be taking advantage of your colleagues, too.

If you are concerned about the costs associated with filing a lawsuit, rest easy. California law holds dishonest employers accountable when they treat their employees poorly, and all fees are paid by your boss when you win a judgment or settlement.

How to protect yourself

If you think your employer is failing to pay you overtime, here’s my advice:

• Keep accurate records of your work hours and how much you are paid. Every day you work, take note of the date, when you start work (even if it’s before your ‘official’ clock-in time), when you finish, and your pay.
• Calculate how much you believe you should be paid, including overtime. Compare this amount to the total on your pay stubs.
• Talk to your employer and lodge a complaint, if necessary. Do this in writing so you can prove you took measures to resolve the matter before filing a lawsuit. No one—not your boss or colleagues—is legally allowed to discriminate, retaliate, discharge, or take any other bad actions against you after you complain in good faith.
• When your paycheck is short, send an email or lodge a complaint in writing. Ensure you detail the specifics—the hours you worked over and above your normal work hours, what you expected your pay to be, and what your pay was. Remember, if you use a company email to send this complaint, forward a copy to your personal email. And remain cordial and professional. Anything you write in an email could be read in court as evidence.
• Discuss your situation with your co-workers. Ask if they have ever been denied overtime pay.
  
  

Let’s reclaim the money you’re owed

If your employer refuses to pay you for overtime work, they are stealing money from your pocket. The law is on your side, and with years of experience behind me, I am prepared to fight for your rights.

At Employee Law Group, we’ve successfully negotiated with small business and Fortune 500 companies to ensure our clients get the wages they deserve.

Schedule an appointment today, and let’s discuss your case.