Didn't Get Paid Overtime in California? Check the Math, Then Hire the Right Wage and Hour Attorney
Before you decide who to hire, it helps to know roughly what you may be owed. This guide walks through California's overtime rules, a sample calculation, the mistakes that commonly shortchange workers, and the kind of lawyer best suited to fix them.
An employee-side wage and hour attorney who handles overtime claims regularly and works on contingency.
California wage and hour lawyers at LFECR, a Burbank-based firm that represents employees only.
California Overtime Thresholds for Non-Exempt Employees: 8 Hours a Day, 40 a Week
California uses daily and weekly overtime, plus special rules for the seventh consecutive day of work. LFECR's glossary covers these overtime rules in more depth.
| Hours worked | When | General rate |
|---|---|---|
| Over 8 in one workday | Any workday | 1.5x regular rate |
| Over 40 in one workweek | Any workweek | 1.5x regular rate |
| First 8 hours | Seventh consecutive workday | 1.5x regular rate |
| Over 12 in one workday | Any workday | 2x regular rate |
| Over 8 | Seventh consecutive workday | 2x regular rate |
Exceptions exist for certain industries and for properly adopted alternative workweek schedules. These rules also apply only to non-exempt employees. Whether you are exempt depends on your salary and your actual duties, not your title; the glossary explains exempt vs. non-exempt status. In 2026, most exempt employees must earn at least $70,304 per year, which is twice the state minimum wage for full-time work.
A Sample Overtime Calculation
Hypothetical example only
- A warehouse worker earns $24 per hour and works 10 hours a day, 5 days a week.
- Each day includes 2 overtime hours (hours 9 and 10), or 10 overtime hours per week.
- The overtime rate is 1.5 x $24 = $36 per hour.
- If the employer paid straight time for those hours, the shortfall is $12 per overtime hour, or $120 per week.
Over one year of 50 workweeks, that difference would be about $6,000, before interest or any penalties.
This illustration uses simplified assumptions. Actual calculations depend on your regular rate, which can include some bonuses and commissions, and on the specific hours worked.Four Overtime Shortcuts That Can Lead to a Wage and Hour Claim
These practices frequently lead to underpaid overtime:
Calling someone "exempt" or an independent contractor when their job does not meet the legal tests.
Pre-shift setup, post-shift cleanup, or after-hours calls and messages that go unpaid.
Ignoring daily overtime because the weekly total stayed at or under 40.
Leaving certain nondiscretionary bonuses or commissions out of the overtime rate.
Raising a question about missing overtime is protected. California law prohibits retaliation against employees who complain about unpaid wages or file a wage claim.
Using Payroll and Timekeeping Records to Support Your Wage Claim
To check the math in your own case, you need data. Useful sources include pay stubs, timecards or app records, schedules, and your own notes. California employers must keep time and payroll records, and you can request copies of your payroll records; employers generally must respond within 21 calendar days.
When an Overtime Dispute Calls for a Wage and Hour Attorney
Simple shortfalls can sometimes be resolved through a Labor Commissioner claim. An attorney is often worthwhile when your exempt status is in dispute, the calculation spans years, many coworkers were affected, or you also face retaliation or break violations. An attorney may also evaluate claims such as a representative action under the Private Attorneys General Act (PAGA).
How LFECR Handles Unpaid Overtime and Wage Claims
- Wage and hour practice covering overtime, off-the-clock work, meal and rest breaks, and misclassification
- Represents employees exclusively, never employers
- Contingency fee: no fee unless there is a recovery
- Headquartered in Burbank, representing workers statewide, with litigation led by Robert Ebert Byrnes, Managing Partner and Head of Litigation
Most Labor Code overtime claims have a three-year filing deadline, so each month of delay can reduce the period you are able to recover.
This guide is general information about California wage and hour law, not legal advice. The calculation above is a simplified hypothetical, not an estimate of any claim. No attorney-client relationship is created, and no outcome is guaranteed. Consult a qualified California employment attorney.