Unpaid Overtime Lawyer California

You worked hard. You worked long hours. You worked overtime. You deserve to be paid overtime even if you worked off the clock. Californian employers must pay overtime when an employee works over eight hours a day or over 40 hours in a week. Overtime must be paid at or above one and a half times the hourly rate. If your boss did not pay you for overtime work, contact our unpaid overtime lawyer for free legal advice relating to unpaid overtime for:

  • Incorrect breaks
  • Overtime violations
  • Misclassifying employees as exempt
  • Failing to pay commissions
  • Misclassifying employees as contractors
  • Misclassifying employees as exempt
  • Miscalculating wages for sales staff

Exempt employees are those who receive a salary rather than an hourly wage. They are not legally required to receive overtime for long hours. These include employees who perform professional, administrative, or managerial tasks which are of a different nature than those of an hourly employee.


If the employee does not spend 51% of their time or more on administrative or managerial work, then they are not exempt and should be paid overtime. Many employees are misclassified as exempt so employers can avoid paying overtime.

Calculating Commission Based on Overtime Work

Employers frequently miscalculate wages due to not knowing or understanding the law. Commissions and benefits are frequently miscalculated in wages. In California, if you receive an hourly rate plus a sales or production incentive, your overtime must be calculated based on an hourly rate plus commission.


An experienced employment lawyer will be able to easily calculate if your pay has been miscalculated. They will tell you if you are entitled to backpay and increased earnings in the future.


The unpaid overtime lawyers at Nakase Law Firm have been representing non-exempt employees for decades. We believe every employee should receive the pay they are entitled to and work so hard for.


Contact Brad Nakase at Nakase Law Firm for a free consultation if you believe you have unpaid overtime.

California Wage and Hour Disputes Attorney

California laws clearly define which workers are employees, which employees are exempt or non-exempt, and how employees must be paid. Employers frequently misclassify employees in order to pay them less. For over fifteen years as an unpaid overtime lawyer, Brad Nakase has seen dodgy business practices such as:

  • Incorrect breaks
  • Overtime violations
  • Misclassifying employees as exempt
  • Failing to pay commissions
  • Misclassifying employees as contractors
  • Misclassifying employees as exempt
  • Miscalculating wages for sales staff


If you believe you have been a victim of any illegal practices, we want to help you. At Nakase Law Firm, we offer free consultations with our employment lawyers. We want you to have access to the legal advice you need. We will discuss your case and let you know if you are entitled to compensation.

Overtime Hours and Missed Breaks

Under federal and California law, non-exempt employees are entitled to uninterrupted rest periods and meal breaks. If your employer has asked you to work through a meal break or to be on duty, then they have violated labor laws.


If your employer has asked you to work more than eight hours a day or forty hours a week, you are entitled to time and a half or double time pay for the additional hours. If you have not been paid the correct overtime, call Nakase Law Firm on (888) 600-8654 for a free consultation.


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