If you’ve ever worked late and wondered whether you’re being paid fairly, you’re not alone. Many workers across California don’t realize they may be owed overtime pay, or worse, are being cheated out of it altogether.
California labor laws are some of the strongest in the country when it comes to protecting workers, but that doesn’t mean every employer follows them. In this post, we’ll break down the rules surrounding overtime in California, how to know if you’re eligible, and what to do if your employer is cutting corners.
When Does Overtime Apply in California?
Under California law, overtime pay is owed when:
- You work more than 8 hours in a single workday
- You work more than 40 hours in a workweek
- You work 7 consecutive days in a single workweek
Here’s how the pay breaks down:
- 1.5 times your regular rate of pay for:
- Hours over 8 in a workday
- The first 8 hours on the seventh consecutive day
- 2 times your regular rate of pay for:
- Hours over 12 in a workday
- Hours over 8 on the seventh consecutive day
These rules apply regardless of whether you’re paid hourly, on salary, or labeled “part-time.”
Common Ways Employers Try to Avoid Paying Overtime
Unfortunately, some employers try to sidestep the law. Here are a few red flags to watch for:
1. Misclassifying Employees
Your employer may label you as an “independent contractor” or “exempt” employee to avoid paying overtime. But these classifications have strict legal requirements that many employers misunderstand or ignore.
2. Paying Straight Time for Overtime Hours
Some workers are told they’ll be paid their regular hourly rate, even after working overtime hours. This is illegal under California labor law.
3. “Off-the-Clock” Work
If you’re asked to clock out but continue working, or you’re expected to handle tasks before or after your shift without pay, you may be entitled to overtime compensation.
The Biggest Misconception: “Salary Means No Overtime”
One of the most widespread myths about California overtime law is that being paid a salary automatically disqualifies you from overtime pay. This is completely false.
In California, your pay structure doesn’t determine overtime eligibility, your actual job duties and decision-making authority do. Many salaried employees, including administrative assistants, team leads, and junior managers, are legally entitled to overtime pay.
If you’re salaried and work over 8 hours daily or 40 hours weekly, you may be owed significant back overtime pay.
Am I Exempt from Overtime?
Not all employees are eligible for overtime. California recognizes certain exemptions, especially for:
- Executive, administrative, or professional employees
- Some salespeople
- Certain computer software professionals
However, just because your employer says you’re exempt doesn’t make it so. The specific duties you perform and how you’re paid are what determine exemption, not your job title.
What to Do if You Suspect Overtime Violations
If you believe your employer is not following California’s overtime laws, consider taking the following steps:
- Document everything: Keep track of your hours, pay stubs, and any communications about your schedule or classification.
- Talk to HR or a manager: Sometimes, mistakes can be resolved internally.
- Contact an employment law attorney: If the issue isn’t addressed or if you fear retaliation, speaking with an experienced lawyer can help you understand your rights and options.
At Valerian Law, we focus on protecting workers who have been denied fair wages. We can help you evaluate your situation and pursue any compensation you’re owed.
Overtime Laws Protect Workers, Know Your Rights
Employers are legally required to pay overtime in California, and when they don’t, employees have the right to stand up for what they’ve earned. If you’re asking, “Is my job cheating me out of overtime?” – it may be time to get answers.
Contact Valerian Law for a free, confidential consultation. We’re here to fight for fairness in the workplace.