Every non-exempt worker in California has a legal right to receive overtime. Pursuant to California Labor Code § 510 and the Fair Labor Standards Act, employers must pay time-and-a-half for hours beyond 8 hours in a day or 40 hours in a week. They must pay double for any hours worked beyond 12 hours in a single day. Despite these legal requirements, violations of overtime and wage laws remain remarkably common.
According to one estimate by the Economic Policy Institute, “Every year, millions of workers across the country are victims of the scourge of wage theft—meaning these workers are not paid the full wages to which they are legally entitled.” When employers are aware of their legal rights with respect to overtime rules, they are in a much better position to identify violations and take the appropriate actions.
Who Qualifies for Overtime Pay in California?
In order to identify potential overtime violations, workers should be aware of who qualifies for overtime. In short, all non-exempt employees qualify for overtime. In order to understand who is non-exempt, let’s look at who is exempt from overtime under California law. There are several criteria that will typically make an employee exempt from overtime requirements.
- Duties Test: The employee in question must primarily perform executive, administrative, or professional duties such as managing other workers.
- Salary Basis: The employee must be paid on a fixed salary and not an hourly wage.
- Salary Threshold: The employee must earn a salary that is at least twice the state minimum wage for full-time employment. In California, this would be equal to a yearly salary of $66,560 as of March 2025 for companies with 26 or more employees.
- Independent Judgement: The employee must regularly use their own judgment and discretion in the execution of their job duties.
- Management Role (for executive exemption): The employee must supervise at least two other full-time employees who have authority when hiring and firing workers.
By contrast, non-exempt employees who are entitled to overtime typically perform non-managerial work. This work often includes clerical work, hands-on tasks, manual labor, and customer service. Unfortunately, though, there are numerous measures that employers take to avoid paying overtime.
Common Violations for Overtime Rules
It is fairly common for companies to try to avoid paying their workers through several different methods. Employees should be aware of these tactics in order to be fairly compensated for all of their labor.
- Misclassifying: Employers may try to classify employees as exempt in order to avoid paying required overtime rates.
- Not Counting: Employers may fail to count all of the off-the-clock work that an employee performs.
- Meal and Rest Violations: Employers may fail to compensate employees adequately for any meal or rest break violations.
- Seventh Day: Employers may fail to pay overtime when employees work seven days in a row.
Employers often rely on their workers to be too timid or ignorant to speak up about overtime violations. In certain cases, they may even try to retaliate against employees. Any type of retaliation when issuing a complaint for wage violations is illegal.
What to Do After Overtime Violations in California
It can be hard to know where to begin if you know or suspect that your employer is violating overtime rules. Here are just a few steps that you can take in order to protect your rights in light of any wage violations.
- Records: Keep detailed records of all the hours that you work and pay that you receive in association with that work.
- Human Resources: It may be a good idea to speak with the human resources department of your employer to try and resolve any wage dispute.
- Report: If you were unable to resolve an overtime violation on your own, you can report the violation to the California Labor Commissioner’s Office.
- Legal Help: It is also a good idea to consult with an experienced employment attorney in order to review all of your potential legal options.
You don’t have to handle any wage dispute on your own. An attorney can examine the unique facts of your case free of cost and let you know what your legal rights are.
Getting Legal Help for Overtime Violations
Employees have rights under state and federal law. But far too often, these rights are violated by employers. It is important that victims of overtime violations understand that they do have legal recourse. Overtime violations are a form of wage theft that should not be tolerated.
If you have been the victim of overtime violations, you may be entitled to financial compensation. Our team of experienced employment and labor law attorneys at The Labor Champ is here to help you. We care deeply that employees are aware of their rights and their employers are held accountable for their illegal actions. Whether you just have legal questions or need a free, independent investigation into any particular incident, we are here to help. You can contact us anytime at 949-727-9300.
