California Overtime Lawyers

Are you properly paid for overtime work?

Under California labor law, most employees are entitled to overtime pay, unless they are classified as "exempt." Unfortunately, not all employers comply with overtime law requirements.

Overtime and California Labor Law

Under California labor law, any work beyond 8 hours a day is considered overtime and should be paid at one and a half times the regular rate of pay. Sometimes employees can elect to work 10 hours per day without receiving overtime. However, any work beyond 40 hours in a work week must be paid at time and a half. An employee who is non-exempt from overtime can also receive double time if working more than 12 hours in a workday. Employees are also entitled to receive on time payments in a timely manner.

If a California employee works all seven days of the workweek, all work performed on the seventh day is considered overtime under California labor law and should also be paid at one and a half times the regular rate of pay. Any work beyond 8 hours or the seventh day should be paid as doubletime. This is true regardless of how many hours the employee worked in the preceding six days.

Learn more about California labor law

Learn more about overtime and the FLSA

Overtime and Exempt Employees

Certain employees are legally “exempt” from overtime laws and are not entitled to overtime pay under federal and California labor law. These employees usually fall within three categories: executive, professional, or administrative. Other employees are considered “non-exempt,” meaning they must receive overtime pay.

Employers sometimes misclassify workers as “exempt” to avoid paying them overtime or other benefits. This is often done by giving an employee an executive or managerial title that mischaracterizes their actual work. To be considered a manager under federal or California labor law, an employee must perform managerial duties. Job title or salaried pay does not necessarily determine whether you are exempt.

Learn more about exempt vs. non-exempt employees.

Contact a California overtime attorney.

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.

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.