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§ 02THE RIGHTS INDEX · PAY

Unpaid Overtime in California

General legal information for California workers — read it, then tell us what happened.

THE DIRECT ANSWER

Most nonexempt California employees must receive overtime for work over eight hours in a workday, over 40 hours in a workweek, and in certain seventh-day situations. Double time can apply after longer daily hours. A salary, job title, or no-overtime policy does not by itself eliminate overtime rights. If this is happening to you, California law gives you real protections — speak with us 24/7, free and private, and leave with a video call booked with a California employment attorney who already understands your story.

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What are the signs of overtime?

None of these alone decides a case — but each is worth writing down while it is fresh:

  • 01You regularly work more than eight hours in a day or forty in a week.
  • 02Your role is labeled salaried but your duties are tightly controlled.
  • 03Meal or rest pressure pushes work beyond recorded hours.
  • 04Bonuses, commissions, or shift differentials were omitted from the overtime rate.
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What does California law say about overtime?

  • 01California generally uses both daily and weekly overtime thresholds and has separate double-time rules.
  • 02Exemption labels do not decide the answer by themselves; actual duties, salary basis, and current salary thresholds matter.
  • 03An employer may control schedules, but it generally must pay for overtime it knew or should have known was worked, even if the work was not approved.

Deadlines in employment cases are real, strict, and vary by claim — talking to an attorney early protects your options.

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What will we ask when you speak with us?

You talk; we listen and organize. These are the questions that give your story its weight:

  • 01What hours do you usually work each day and week?
  • 02Are you hourly, salaried, commissioned, or classified another way?
  • 03Were all hours recorded accurately?
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Questions California workers ask

When does overtime start in California?

For many nonexempt employees, overtime begins after eight hours in a workday or 40 hours in a workweek. California also has rules for the seventh consecutive day in a workweek and double time after more than 12 hours in a workday. Exceptions apply to some industries and valid alternative workweeks.

Can a salaried employee get overtime in California?

Yes. Salary alone does not create an exemption. The employer generally must satisfy the duties and compensation requirements for a recognized exemption; otherwise, a salaried worker may still be entitled to overtime and other protections.

Must unauthorized overtime still be paid?

Generally yes when the employer knew or should have known the work was performed. An employer may enforce a scheduling or approval policy, but it cannot accept the benefit of compensable work and use the lack of approval to avoid paying for it.

What records help prove unpaid overtime?

Timecards, schedules, login records, messages, calendar entries, delivery or route data, pay stubs, and coworker observations can help. Workers can also create a good-faith reconstruction of hours when employer records are incomplete.

Should I speak with an attorney about unpaid overtime?

Consider speaking with an attorney when the facts involve money owed, job loss, harassment, discrimination, retaliation, leave denial, or a deadline. This site provides general information and intake support, not legal advice.

Does submitting the form make me a client?

No. Submitting information or using the intake assistant does not create an attorney-client relationship unless an attorney agrees to represent you in writing.

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Official sources for this California guide

Start with the governing statute and agencies, then bring your specific facts to an attorney. These links are primary public sources, not substitutes for advice.

Where you work matters — overtime help across California

The law is statewide; the workplaces are local. Start with your city, or speak with us from any of the 58 counties:

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Speak with us now — free, private, any hour. Tell your story once, and leave with a video call booked with a California employment attorney.

Free · Private · Any hour — start by talking, not typing.

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