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FREQUENTLY ASKED QUESTIONS

Q: If I work overtime without authorization, is my employer obligated to pay for it?

A: Yes, California labor law requires that employers pay overtime, whether or not it is authorized. Overtime pay is one and one half times the regular rate of pay for all hours in excess of eight, up to and including 12 hours in a workday. After 12 hours, the employee is compensated at double the regular rate of pay.

Q: Can my employer penalize me for working unauthorized overtime?

A: An employer can discipline an employee for violating the employer’s policy of working overtime without the required authorization. However, California labor law requires that employers pay overtime, whether or not it is authorized.

Q: Are salaried employees entitled to overtime?

A: It depends. A salaried employee must be paid overtime unless they meet the test for exempt status as defined by federal and state laws, or unless they are specifically exempted.

Q: Can an employer require an employee to work overtime?

A: Yes, an employer may dictate the employee’s work schedule and hours. Under most circumstances, the employer may discipline an employee, up to and including termination, if the employee refuses to work scheduled overtime.

Q: Can my employer fire me because I inquired about my employment rights?

A: No, it is illegal for your employer to discriminate or retaliate against you for inquiring about your rights, safety concerns or overtime pay. Retaliation may include the threat of or actual termination, demotion, suspension, or harassment.

Q: How much will Girard Gibb's labor and employment law attorneys charge me?

A: Nothing. Our labor and employment law attorneys do not charge our clients for bringing a lawsuit.

HOME > PRACTICE AREAS > EMPLOYMENT & LABOR LAW > OVERTIME AND CALIFORNIA LABOR LAW

Overtime and California Labor Law

Were you denied overtime pay?

California labor law requires employers to pay non-exempt employees premium pay for overtime work. Unfortunately, not all employers comply with this requirement. Our labor and employment attorneys actively pursue claims on behalf of employees who were denied overtime pay in violation of California overtime law.

The Law

Under California overtime law, an employer generally must pay non-exempt employees:

  • One and a half times their regular rate of pay for all hours worked beyond 40 a week.

  • One and a half times their regular rate of pay for all hours worked beyond 8 hours a day, up to and including 12 hours.

  • One and a half times their regular rate of pay for all hours on the seventh consecutive day of work, up to and including 8 hours.

  • Double times their regular rate of pay for all hours worked in excess of 12 hours a day.

  • Double times their regular rate of pay for all hours worked in excess of 8 hours a day on the seventh consecutive day of work.

This regular rate of pay must not be less than the federal minimum wage. Under California labor law, overtime wages must be paid no later than the payday for the next regular payroll period after which the overtime wages were earned.

The California Overtime Law vs. the FLSA

If an employee is covered by both state and federal overtime laws, they are entitled to overtime "according to the standard that will provide the higher rate of pay."

Learn more about overtime and the FLSA

What can I do if I believe I was not paid overtime pay?

If you believe your employer violated California overtime law, or if you would like to learn more about overtime law and the FLSA, please fill out the form to the right or call us toll free at (866) 981-4800 for a free consultation with a California overtime lawyer.

Go back to California Overtime Lawyers overview

Contact a California overtime attorney.

Important Note: This summary is intended to provide a basic overview of the typical types of employment cases handled by our firm. It is for informational purposes only and does not constitute legal advice.

Why Girard Gibbs LLP?

Girard Gibbs is a national litigation firm specializing in securities litigation, consumer class actions and complex business litigation. Girard Gibbs' managing partner Daniel Girard was voted one of Northern California's Super Lawyers in 2007, 2008, and 2009 by Law & Politics, recognizing him as one of the top 5-percent of attorneys practicing in Northern California.





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