A wage claim starts the process to collect on those unpaid wages or benefits. Call for a free consultation with an unpaid overtime lawyer for help recovering unpaid wages. No Up Front Cost. No fee unless we recover money for you. You must file claims for violations of minimum wage, overtime, illegal deductions from pay or unpaid reimbursements within three years.
By Brad Nakase, Attorney
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In California, the main overtime rules state that a worker who is 18 years old or older, or any teenager aged 16 or 17 who isn’t required by law to go to school and is not forbidden from working, cannot work more than eight hours in one day or more than 40 hours in one week unless they are paid extra. Overtime must be paid at one and a half times the worker’s normal rate of pay for all hours worked over eight in one day, up to and including 12 hours, and for the first eight hours worked on the seventh day in a row of work in a week. Also, workers are paid double their regular pay for all hours worked past 12 in a single day and for any hours worked over eight on the seventh day in a row.
If a boss doesn’t follow these rules, workers can file a wage complaint with the Division of Labor Standards Enforcement or take legal action to get the unpaid wages. Employers who don’t pay for overtime may face penalties under the Labor Code, including fines for making workers wait for their pay.
Under California law, when an employee is improperly classified as exempt from overtime pay or is improperly paid, the single violation of the Labor Code often triggers multiple wage violations. The waiting time penalty is assessed only when an employer willfully fails to pay an employee in accordance with Labor Code Sections 201, 201.5, 202, or 202.5. The penalty applies to the willful failure to pay “any wages,” which refers to the definition of “wages” in Labor Code Section 200. The penalty is measured at the employee’s daily rate of pay and is calculated by multiplying the daily wage by the number of days that the employee was not paid, up to a maximum of 30 days.
An employee can recover statutory penalties for late payment of wages while still employed under Labor Code section 210. For any initial violation, the penalty is one hundred dollars ($100) for each failure to pay each employee. For each subsequent violation or any willful or intentional violation, the penalty is two hundred dollars ($200) for each failure to pay each employee, plus 25% of the amount of wages unlawfully withheld. Employees subjected to unpaid wages should file a claim with the Labor Commissioner’s Office or bring an action in court to recover the wages owed, as well as to claim the waiting time penalty.
Example 1: Waiting Time Penalty for Late Final Paycheck
Maria worked as a cashier at a retail store and was terminated on June 1st. According to California law, her employer was required to pay her all wages owed, including overtime and accrued vacation, on her last day of work. However, Maria did not receive her final paycheck until June 15th, 14 days after her termination. Maria’s daily wage was $120.
Under Labor Code Section 203, Maria is entitled to waiting time penalties for the employer’s willful failure to pay her final wages on time. The penalty is calculated by multiplying her daily wage by the number of days the payment was delayed, up to a maximum of 30 days. In this case, Maria is owed 14 days of waiting time penalties:
14 days x $120/day = $1,680 in penalties.
Example 2: Penalty for Late Payment of Wages While Still Employed
James, an hourly employee at a manufacturing company, worked overtime during the pay period ending on July 15th. His employer failed to pay him for these overtime hours, which amounted to $500, by the next regular payday, as required by Labor Code Section 204. On top of the unpaid overtime, James also discovered that the employer miscalculated and underpaid his regular wages by $200.
Under Labor Code Section 210, James can recover statutory penalties for the late and insufficient payment of wages. For the first violation, the employer owes a $100 penalty for failing to pay the wages. For the second and subsequent violations, the employer owes $200 for each failure to pay, plus 25% of the unpaid wages. James is entitled to the following penalties:
Total penalties = $100 + $200 + $175 = $475. James can also file a claim to recover the $700 in unpaid wages.
If an employee does not receive overtime pay, California law provides for multiple remedies. You can either file a wage claim with the Division of Labor Standards Enforcement (the Labor Commissioner’s Office), or you can file a lawsuit in court against your employer to recover the lost wages. Additionally, if you no longer work for this employer, you can make a claim for the waiting time penalty pursuant to Labor Code Section 203. When the Order, Decision, or Award (ODA) is in the employee’s favor and there is no appeal, and the employer does not pay the ODA, the Division of Labor Standards Enforcement (DLSE) will have the court enter the ODA as a judgment against the employer.
Retaliation by an employer is also prohibited under California law. Workers who face discrimination or retaliation in any manner whatsoever—for example, if the employer fires a worker because they complain about not being paid timely or not being paid overtime—can file a discrimination/retaliation complaint with the Labor Commissioner’s Office.
Example: Seeking Legal Help for Unpaid Overtime
Sarah worked as a nonexempt employee for a marketing company in California. Her regular schedule was 40 hours per week, but during a busy project, she worked an additional 10 hours of overtime each week for three weeks. Despite California law requiring overtime pay at one and a half times her regular hourly rate, Sarah’s employer refused to pay her for the 30 overtime hours, claiming the extra work was part of her job responsibilities.
Feeling frustrated, Sarah decided to contact an unpaid wage claim attorney, Brad Nakase, for assistance. Brad analyzed her case by reviewing her pay stubs, timesheets, and emails from her supervisor approving the extra hours. After determining that Sarah had a valid claim for unpaid overtime, Brad prepared and sent a demand letter to her employer, outlining the unpaid wages and penalties they were legally required to pay under California law.
The demand letter prompted the employer to take action, and within weeks, they agreed to pay Sarah the $1,200 owed for overtime, as well as additional penalties for delayed payment. This example shows how consulting an experienced attorney like Brad Nakase can help employees recover unpaid wages and ensure their rights are protected under California labor laws.
Employees facing unpaid overtime should take immediate action to address the issue. An employee who believes they are owed unpaid wages can file a wage claim with the Division of Labor Standards Enforcement (the Labor Commissioner’s Office), or they can bring an action in court against their former employer to recover the wages if they are still due, and to claim the waiting time penalty. It is crucial to file such claims promptly, as California law sets specific time limits for pursuing unpaid wage claims.
Employers who fail to adhere to California overtime laws can face significant financial consequences, including waiting time penalties and wage statement violations. Employees should keep accurate records of all hours worked, including overtime, to substantiate their claims and ensure they receive full compensation for their labor.
Example: Seeking Legal Help for Unpaid Overtime
John worked as a delivery driver for a logistics company in California. His job required him to regularly work 50 hours per week, but his employer paid him only for 40 hours, refusing to compensate him for the extra 10 hours of overtime. Frustrated and unsure of how to proceed, John contacted unpaid wage claim attorney Brad Nakase for help.
Brad reviewed John’s time records, delivery logs, and other documentation that substantiated the overtime hours worked. After determining that John had a strong case, Brad assisted him in filing an unpaid wage claim with the Division of Labor Standards Enforcement (DLSE). Brad prepared all the necessary documents and represented John throughout the process.
The Labor Commissioner reviewed the evidence and determined that John was owed $1,500 in unpaid overtime wages, along with penalties for the employer’s failure to pay on time. Thanks to Brad Nakase’s guidance, John not only recovered his lost wages but also received waiting time penalties. This example highlights how seeking legal help from an experienced attorney like Brad Nakase can make the process of recovering unpaid wages more efficient and effective.
Employees covered by California’s overtime law must be paid 1.5 times their regular rate of pay for hours worked more than eight in a day or 40 per week. California’s labor laws are designed to provide strong protections for employees, ensuring they receive fair compensation for their work, especially when it comes to overtime hours. According to California overtime law, an employer must pay overtime when an employee works more than 40 hours per work week, whether the work was authorized or not. California overtime law sets the standard overtime pay rate for an employee working more than forty hours in a workweek and eight hours a workday at one and a half times the normal rate of pay.
Eight hours of labor constitutes a day’s work, and employment beyond eight hours in any workday or more than six days in any workweek requires the employee to be compensated for the overtime. For hours worked in excess of 12 in a single day or eight on the seventh consecutive day in a workweek, employees are entitled to double their regular pay rate.
Example 1: Overtime for Working More Than 8 Hours in a Day
Lisa is a customer service representative at a call center in California. Her regular work schedule is eight hours per day, five days per week. One day, Lisa worked a total of 11 hours to cover for a coworker. Under California overtime laws, Lisa’s employer is required to pay her time and a half for the three hours worked beyond her regular eight-hour shift. If Lisa’s regular hourly rate is $20, she should be paid $30 per hour for the three overtime hours.
This means Lisa earns $240 for the first eight hours (8 x $20) and $90 for the three overtime hours (3 x $30), for a total of $330 for the day. California law ensures that Lisa receives fair compensation for working beyond her standard eight-hour workday.
Example 2: Overtime for Working More Than 40 Hours in a Week
Mike works as a warehouse associate in California, with a standard schedule of eight hours per day, five days per week. During a particularly busy week, Mike worked two extra shifts of eight hours each, bringing his total weekly hours to 56. According to California overtime laws, Mike is entitled to overtime pay for all hours worked beyond 40 in the workweek.
Mike’s regular hourly rate is $25. For the 16 extra hours, he must be paid time and a half, which is $37.50 per hour. Mike earns $1,000 for the first 40 hours (40 x $25) and $600 for the 16 overtime hours (16 x $37.50), totaling $1,600 for the week. This example demonstrates how California labor laws protect employees working extended hours by mandating fair overtime pay.
California’s overtime pay laws require employers to pay employees who work in California double time for: (1) each hour worked over twelve in a single day, and (2) each hour worked over eight on the seventh consecutive day of work in any given workweek. For the first eight hours worked on the seventh day, employees are compensated at one and one-half times their regular rate of pay. These rules ensure employees are fairly compensated for extended periods of work.
Employers are also required to maintain accurate records of hours worked, including regular hours and overtime, to avoid violations of California labor laws. Any failure to comply with these requirements can result in penalties, lawsuits, and wage claims filed against the employer.
Example: Understanding the 7-Day Overtime Rule in California
Karen works as a cashier at a retail store in California. During a holiday sale, she worked seven consecutive days in one workweek. Her schedule included eight hours of work per day for the first six days and five hours on the seventh consecutive day.
According to California’s 7-day overtime rule, Karen is entitled to overtime pay at one and a half times her regular hourly rate for the first eight hours worked on the seventh day. Karen’s regular hourly rate is $20, so for the five hours she worked on the seventh day, she should be paid $30 per hour (1.5 x $20). This means Karen earns $150 for the five hours worked on the seventh day.
If Karen had worked more than eight hours on the seventh consecutive day, any additional hours beyond eight would have been compensated at double her regular hourly rate. California’s labor laws ensure that employees are fairly compensated for extended work schedules, including consecutive days worked in a single week.
Yes, in general, an employer may dictate the employee’s work schedule and hours. Additionally, under most circumstances, the employer may discipline an employee, up to and including termination, if the employee refuses to work scheduled overtime. However, an employer cannot discipline an employee for refusing to work on the 7th day in a workweek and is subject to a penalty for causing or inducing an employee to forego a day of rest.
Employees who work overtime without proper compensation are entitled to claim unpaid wages, waiting time penalties, and other remedies under California law. Misclassifying employees as exempt from overtime is a serious violation, and employers must meet stringent criteria to enforce exemptions.
Employment beyond eight hours in any workday or more than six days in any workweek requires the employee to be compensated for the overtime at not less than one and one-half times the employee’s regular rate of pay for all hours worked in excess of eight hours up to and including 12 hours in any workday. Double pay may be issued for the time a California employee works more than twelve hours any day or more than eight if it is the seventh consecutive day of work.
If an employer fails to pay overtime wages, the employee can file a claim with the Division of Labor Standards Enforcement or pursue litigation to recover unpaid wages. Employers who fail to comply with these requirements face significant penalties under California labor law.
Example: Overtime After 8 Hours and Double Pay After 12 Hours
David works as a delivery driver for a logistics company in California. One day, he worked a total of 13 hours to complete all his deliveries, exceeding the standard eight-hour workday. David’s regular hourly rate is $25.
Under California overtime laws, David must be paid one and a half times his regular pay for the four hours worked beyond eight, up to 12 hours. This means he earns $37.50 per hour for those four overtime hours. For the 13th hour, which exceeds 12 hours in a single day, David is entitled to double pay, meaning $50 per hour. Here’s the breakdown of David’s pay for the day:
Total earnings for the day = $400.
If David’s employer fails to pay him this overtime and double pay, he can file a claim with the Division of Labor Standards Enforcement (DLSE) to recover his wages and pursue penalties for noncompliance. This ensures that workers like David are fairly compensated for extended hours under California law.
The FLSA considers certain employees to have “overtime exemptions.” This makes it legal for California employers to deny these workers overtime pay. The executive exemption includes management roles. The administrative exemption applies to some office workers, such as loan officers. The professional exemption includes licensed professionals: physicians, architects, and educators. Over time, exemptions typically apply to salaried employees earning more than double California minimum wage and whose work involves independent direction.
Employers who misclassify employees as exempt face significant penalties under California labor laws. Employees improperly treated as exempt from overtime pay can be awarded a significant amount in back owed wages, overtime pay, and in penalties.
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