California Overtime Law: What Employers Owe You for Extra Hours

“I was told I was salaried, so overtime didn’t apply to me.” That assumption costs California workers real money every year, and it is often wrong. California overtime law is one of the most employee-favorable wage and hour systems in the country, built around daily thresholds that many employees, and some employers, do not fully understand.

If you regularly work long shifts, back-to-back days, or have been told your salary exempts you from overtime without anyone explaining why, it is worth understanding exactly what the law requires. At Reisman & Reisman, our Wage and Hour Violations attorneys break down how California overtime law works below, and what to do if you believe you are owed unpaid wages.

Key Takeaways

• California requires overtime pay based on hours worked in a single day, not just a workweek, which offers stronger protection than the federal 40-hour standard.
• Non-exempt employees are entitled to time-and-a-half after 8 hours in a workday or 40 hours in a workweek, and double time after 12 hours in a workday.
• Being paid a salary does not automatically make you exempt from overtime. Exemption depends on your actual job duties and whether your pay meets the required threshold.

California’s Daily and Weekly Overtime Rules

Under California law, non-exempt employees are entitled to overtime pay calculated two ways, whichever applies first.

Time and a half (1.5x) applies to hours worked beyond 8 in a single workday, up to 12 hours, to any hours beyond 40 in a workweek, and to the first 8 hours worked on the seventh consecutive day of a workweek. This daily threshold is the key difference from federal law, which only counts hours toward overtime after 40 in a week. In California, working a single 10-hour day entitles you to 2 hours of overtime pay, even if your total hours for the week stay under 40.

Double time (2x) applies to any hours worked beyond 12 in a single workday, and to any hours worked beyond 8 on the seventh consecutive day of a workweek.

These rules apply to non-exempt employees, which includes most hourly workers and many salaried employees whose actual job duties do not meet the legal test for exemption.

How the Minimum Wage Affects Your Overtime Rate

Because overtime rates are calculated as a multiple of your regular rate of pay, changes to California’s minimum wage directly affect the baseline overtime rate for minimum-wage and near-minimum-wage workers. Your regular rate must also factor in non-discretionary bonuses and certain commissions, not just your base hourly rate, which is a detail many employers get wrong. Current minimum wage figures, along with the corresponding time-and-a-half and double-time baseline rates, are published by the California Department of Industrial Relations (DIR) and should be confirmed there directly, since these figures update periodically.

Exempt vs. Non-Exempt: Are You Actually Owed Overtime?

Whether you are entitled to overtime depends on your classification, not your job title or how your employer chooses to pay you. Being paid a salary, on its own, does not make an employee exempt.

To qualify for the most common exemptions, executive, administrative, and professional, an employee generally must both perform specific duties that involve independent judgment and discretion, and earn a salary that meets a minimum threshold set annually by California law. Current salary thresholds are published by the California Department of Industrial Relations. A separate, higher hourly rate threshold applies to certain computer software professionals, which is also published on the DIR’s computer software employee exemption page.

If your actual day-to-day duties do not match the exemption your employer has assigned you, for example, if you carry a “manager” title but spend most of your time on the same tasks as the employees you supervise, you may be misclassified and owed significant back overtime.

Common Ways Employers Underpay Overtime

Overtime violations often hide in ordinary workplace practices rather than an obvious refusal to pay. Off-the-clock work is one of the most common, including answering emails or calls after clocking out, prepping a workstation before a shift officially starts, or staying late to finish closing duties. Misclassifying employees as exempt when their actual duties do not qualify is another frequent issue, particularly for retail managers, assistants, and administrative staff. Leaving bonuses or commissions out of the regular rate calculation used to determine overtime pay is a more technical but equally common violation.

What to Do If You Think You’re Owed Unpaid Overtime

Start by tracking your actual hours worked, independent of whatever your employer’s system records, including start times, end times, and any work done outside scheduled shifts. Save pay stubs, schedules, and any written communication about your job duties or classification. California generally allows employees three years to recover unpaid overtime wages, so acting promptly helps preserve both evidence and your claim.

Why Choose Reisman & Reisman

Daniel and Erin Reisman represent employees exclusively across Beverly Hills and Southern California, bringing more than 20 years of combined experience to wage and hour disputes. As a husband-and-wife trial team, the firm takes a direct, advocate-driven approach to recovering wages employers should have paid in the first place.

If you believe you have been denied overtime pay you are legally owed, Reisman & Reisman offers a confidential case review. The firm works on contingency, meaning there is no fee unless they win. Learn more on the firm’s Wage and Hour Violations practice page. Se habla español.

No Upfront Cost. No Fees Unless We Win.

You know you worked the hours, but you’re not sure whether your paycheck actually reflects what California law requires. Talk to us. At our firm, we have represented everyone from doctors and executives to warehouse workers, truck drivers, and kitchen staff who were shorted on wages they had already earned. You do have rights. You do have remedies.

Based in Beverly Hills, we take wage and hour cases throughout Los Angeles and Southern California. We welcome people from all walks of life who have been wronged during their employment. Start with a free consultation with skilled lawyers who truly care about justice. Call 310-362-3905 today.

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Frequently Asked Questions

Does California overtime law apply if I’m paid a salary?

It can. Being paid a salary does not automatically make you exempt from overtime under California law. Exemption depends on your actual job duties and whether your salary meets the legally required threshold. Many salaried employees, particularly those with generic “manager” or “supervisor” titles, are misclassified and are legally entitled to overtime pay.

What is the difference between time-and-a-half and double time in California?

Time-and-a-half, or 1.5 times your regular rate, applies to hours worked beyond 8 in a workday up to 12 hours, to hours beyond 40 in a workweek, and to the first 8 hours on a seventh consecutive workday. Double time, or twice your regular rate, applies to hours beyond 12 in a single workday and to hours beyond 8 on a seventh consecutive workday.

Can my employer average my hours over two weeks to avoid paying overtime?

No. California calculates overtime based on hours worked in a single day and in each individual workweek. An employer cannot average hours across multiple weeks or pay periods to avoid triggering daily or weekly overtime obligations.

What if I was told I’m an independent contractor, not an employee?

Being labeled an independent contractor does not settle the question under California law. The state applies a strict legal test, known as the ABC test, to determine whether a worker is truly an independent contractor or has been misclassified to avoid overtime and other wage protections. Misclassified workers may be entitled to recover unpaid overtime.

How long do I have to file a claim for unpaid overtime in California?

California generally allows employees three years from the date of the violation to recover unpaid overtime wages. Because evidence like schedules and pay records can become harder to obtain over time, it is worth speaking with an employment attorney as soon as you suspect a violation.