In California, unpaid overtime is illegal for non-exempt employees. If you are a non-exempt employee, your employer has to pay 1.5 times your regular rate if you work over eight hours a day, 40 hours a week, or the first eight hours on the seventh consecutive day. Meanwhile, in certain instances, your employer may be legally required to pay double time.
Your California employer may require you and other employees to obtain approval before working overtime, but they may still have to pay the OT hours that you actually work, as long as you’re a non-exempt employee. Outside of this, it is against the law for your employer to misclassify you as an exempt employee in an attempt to avoid paying overtime.
Get legal help if you believe that your employer is violating California’s overtime laws and that this is affecting your wages. Have a Los Angeles overtime violations lawyer from Moon Law Group review your case. We may help you file an unpaid overtime violation claim or lawsuit against your employer.
When Is Unpaid Overtime Legal in California?
Generally, unpaid overtime is legal only for workers who meet California’s exempt categories. These employees can include executives or administrators who are paid a salary equivalent to at least twice the state minimum wage and primarily exercise independent judgment in their work.
For non-exempt employees in California, state law dictates that all overtime hours must be compensated, regardless of whether an employer authorized them. Because of this, if you are a non-exempt worker and your employer refuses to pay OT that they didn’t authorize, you could have grounds for filing a wage and hour violation complaint against them.
Talk with a Los Angeles wage and hour violations lawyer from Moon Law Group if you are interested in filing an unpaid OT complaint in California. We can answer any questions you have about whether unpaid OT is legal in California and related topics. Depending on the situation, we may advise you to seek compensation from your employer through a claim or lawsuit.
For a free legal consultation, call 213-232-3128
What to Do if Your Employer Doesn’t Pay You for Overtime
The team at Moon Law Group is ready to stand up for employees who have been treated unjustly by their employers. If you are dealing with the ramifications of an overtime violation, we encourage you to reach out. At this point, our Los Angeles employment law attorneys may advise you to do the following:
- Gather evidence. Keep records of the overtime that you worked.
- Talk with your employer. Present your records to your employer about the missing overtime pay and ask for a revised paycheck. Maintain a written record of your communications with your employer regarding this issue.
- File a wage claim. If your employer won’t pay your OT, your lawyer can help you file a claim with the California Division of Labor Standards Enforcement (DLSE).
In many instances, you have three years to file an overtime claim in California. Your employment attorney can guide you through the claims process and position you to recover fair compensation for your unpaid OT.
What Is an Unpaid Overtime Case in California Worth?
The compensation that you can get if you proceed with an unpaid overtime claim or lawsuit will depend on the specifics of your case. Allow the wage and hour violations attorneys at Moon Law to assess your losses. From here, we may help you seek several types of compensation, including:
- Back pay: This consists of all unpaid OT calculated at 1.5 times your regular rate or double time for over 12 hours in a day.
- Prejudgment interest: You can receive compensation for interest calculated on your unpaid wages.
- Waiting time penalties: Your employer could be subject to a daily penalty of up to 30 days of your regular wages if you were fired or quit your job and they willfully fail to pay you.
- Wage statement penalties: Your employer could face these penalties if your pay stubs were inaccurate due to missing OT.
Our lawyers can explain what you need to know about wage and hour claims in California. We may help you get compensation through a claim. Or, if warranted, we may assist you with filing a lawsuit against your employer.
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Learn More About Whether Unpaid Overtime Is Considered Legal in California
Unpaid overtime is considered illegal for non-exempt employees in California. If you are a non-exempt worker and your employer is doing things to avoid paying you overtime, now may be the time to meet with the team at Moon Law Group.
Our team has years of experience and can use what we know to help you with a wage and hour violation claim or lawsuit. We are determined, forthright, and dedicated, and we are prepared to fight for the justice and compensation that you deserve.
We strive to advocate for and protect the rights of employees throughout California. Give us the opportunity to help you with your unpaid OT claim or lawsuit. For more information, request a free case review.
Call or text 213-232-3128 or complete a Free Case Evaluation form