You work hard, stay late, and do what it takes to get the job done; but when payday comes, your paycheck doesn’t reflect those extra hours. Maybe it’s just a few missed hours at first, but over time, it adds up. What you might not realize is that it is illegal.

Unpaid overtime is one of the most common wage problems in Torrance and across California. If you’ve worked more than 8 hours in a day or 40 in a week, the law says you should be paid extra; and if you’re not, you have the right to fight back.

In this article, you’ll learn how to recognize unpaid overtime, understand your legal rights, and take action to recover the wages you’ve earned; with help from Employee Law Group, trusted employment lawyers in Torrance who fight for workers like you.

Understanding Overtime Laws in California

California has some of the strongest overtime laws in the country. Still, confusion over who qualifies and how pay is calculated often leads to underpayment. Let’s break it down clearly.

What Counts as Overtime?

Under California labor laws, you’re entitled to overtime pay if you work:

• More than 8 hours in a workday
• More than 40 hours in a workweek
• More than 6 consecutive days in a row

Overtime must be paid at 1.5 times your regular rate of pay. If you work over 12 hours in a day or over 8 hours on the seventh consecutive day, you’re owed double time.

Employers must pay for every hour you work. Even if you clocked out and kept working because your supervisor “asked for a favor,” that time still counts. The Department of Labor (DOL) makes it clear: employers are required to keep accurate records of hours worked and compensate employees for every hour they work, not just the ones they record.

Who Qualifies for Overtime Pay?

A lot of confusion comes from the terms exempt and non-exempt.

• Non-exempt employees are entitled to minimum wage and overtime pay under state and federal law.
• Exempt employees are not, but only if they meet strict tests for salary level and job duties.

For example, if your employer calls you “salaried” or gives you a fancy title like “assistant manager,” that doesn’t automatically make you exempt from overtime. Courts look at what you actually do, not what your title says.

Commonly misclassified jobs include:

• Nurses or medical assistants
• IT or tech support staff
• Retail managers or shift leads
• Administrative assistants doing routine tasks

If your duties don’t involve high-level decision-making or independent management authority, you likely qualify for overtime pay even if you’re salaried.

How Overtime Pay Is Calculated

Here’s a simple look at how overtime pay works in California:

Employers sometimes make “payroll errors” or “forget” to include bonuses or commissions in your regular rate. That’s illegal. Your regular rate of pay includes all forms of compensation and not just hourly wages.



Common Ways Employers Avoid Paying Overtime

Not all unpaid overtime happens by mistake. Many employers use tactics that might sound innocent but are actually unlawful under both California wage laws and federal law.



Off-the-Clock Work

You may have heard, “Just finish this after you clock out.” That’s off-the-clock work, and it’s illegal. Whether it’s cleaning up after a shift, answering late-night emails, or logging in early to set up, your employer must pay for that time.

Even a few minutes a day adds up to unpaid overtime wages over time. Keep track of every minute worked, because you have the right to recover those lost wages later.

Misclassification of Employees

Another trick is mislabeling workers as independent contractors or “exempt.” Employers do this to avoid paying overtime or minimum wage.

If you’re required to follow a schedule, use company tools, or take direction from a manager, you’re likely an employee, not a contractor. Misclassification is a serious violation and could mean your employer failed to pay overtime and back wages for years.

Manipulating Schedules or Pay Records

Some companies play games with time records; adjusting digital logs, splitting hours between pay periods, or offering “comp time” instead of pay. In California, non-exempt employees cannot legally be given compensatory time off instead of overtime pay. Employers must pay overtime wages for those extra hours.

Recognizing Signs You’re Being Denied Overtime Pay

If you notice your check looks the same every week even when you work extra hours, it’s time to ask questions.

Watch for these warning signs:

• You regularly work more than 40 hours, but your pay never changes.
• You’re told to “clock out early” but keep working.
• You’re called “salaried” but don’t manage anyone or make major decisions.
• Your pay stubs look incomplete or vague.
  

If something feels off, it probably is. Keep your own records of hours worked and tasks completed. You can later use these notes as evidence in a claim for unpaid overtime.

Legal Rights and Protections Under California Law

Knowing your rights helps you take action confidently.

California Labor Code and Wage Orders

The California Labor Code and Industrial Welfare Commission (IWC) Wage Orders spell out your right to fair pay. These rules apply to almost all hourly and non-exempt workers in Torrance and across the state.

If your employer refuses to pay overtime, you can file a wage claim with the California Labor Commissioner or pursue a lawsuit through an employment attorney.

Statute of Limitations

You generally have 3 years to recover unpaid wages in California. If your case involves a written contract, the statute of limitations may extend to 4 years. The clock starts from the date your employer failed to pay overtime. Once the statute expires, you lose your right to recover.

Retaliation Is Illegal

If you speak up about unpaid overtime and your employer fires or disciplines you, that’s retaliation. Under both state and federal law, retaliation is strictly prohibited. You can file a separate claim for damages and reinstatement if that happens.

How to Prove You’re Owed Overtime Pay

Winning an overtime case comes down to evidence. The more documentation you have, the stronger your claim.

Gather these key records:

• Pay stubs or wage statements
• Timecards or schedule logs
• Text messages or emails showing hours worked
• Witness statements from coworkers

If you don’t have all your records, don’t panic. Courts understand that employers control timekeeping systems. As long as your account is detailed and credible, it can shift the burden onto your employer to disprove your claim.



Filing an Unpaid Overtime Claim in Torrance

Once you’re ready to take action, you have two main options.



1. File a Claim with the Labor Commissioner

The California Department of Industrial Relations (DIR) handles wage claims through the Division of Labor Standards Enforcement (DLSE). They’ll review your complaint, investigate, and hold a hearing if necessary. This is often faster and less expensive than court.

2. File a Lawsuit with an Employment Attorney

For larger or more complex cases, filing an unpaid overtime lawsuit may be the better choice. It allows you to recover back pay, interest, penalties, and attorney’s fees.

Employee Law Group helps workers across Torrance file and win unpaid overtime claims, even against big employers. We review evidence, handle communication, and fight aggressively to recover every dollar you earned.

Why Choose Employee Law Group

At Employee Law Group, we’ve helped countless California workers recover back wages and overtime pay they were rightfully owed. We’re based in Torrance and handle cases throughout Los Angeles County.

We understand the stress of fighting an employer who refuses to pay fairly. Our attorneys use advanced tools and data analysis to uncover missing hours and prove your claim quickly. You get experienced advocacy, compassionate guidance, and real results.

If you’ve worked more than 40 hours in a week without overtime pay, don’t wait. Every pay period that passes could mean money lost forever.

FAQs About Unpaid Overtime in California

Conclusion: Take Action and Get Paid What You Deserve

You put in the hours and earned your pay. If your employer has not paid you for your work, it is not just unfair, it is illegal. Whether you are missing overtime pay, short paychecks, or unpaid wages, you have the right to recover what you are owed.



Contact Employee Law Group in Torrance, CA today for a free consultation. We will review your case, explain your options, and help you get the compensation you deserve.