Overtime Lawyer Los Angeles

California’s overtime laws help employees succeed if they work hard. Unfortunately, however, some employers still violate these laws. Our overtime lawyer Los Angeles businesses trust, discusses the latest California overtime laws and explains what workers should do when their employers violate their rights.

Brad Nakase, Attorney

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What Are California’s Overtime Laws and Requirements?

Under the Fair Labor Standards Act (FLSA), it is mandatory that all companies, regardless of size, pay workers overtime for every hour they work over eight per day or 40 per workweek. The overtime rate must be at least one and a half times the worker’s normal wage.

Most workplaces must abide by the FLSA because the courts interpret the phrase “interstate commerce” broadly, as seen in previous claims by workers.

Are Some California Companies Exempt from California’s Overtime Laws?

Most workers in California qualify for overtime wages, and exemptions are rare. California also adheres to state-specific overtime laws rather than federal, and California’s state laws are more strict than federal laws regarding protecting workers.

Employers must pay workers at least a $23,600 salary to be exempt from the FLSA overtime rule. Plus, workers must assume job duties considered exempt.

What Are Some Common Overtime Pay Violations in California?

In California, it is illegal for employers to:

  • Pay workers less than minimum wage per hour worked
  • Refuse to pay over time
  • Refuse to pay workers for breaks
  • Fail to pay workers for hours they have worked
  • Refuse to comply with federal and state overtime and wage laws

When a business violates overtime pay policies, they open itself up to lawsuits from employers such as Axel, our guitarist and cashier in LA.

California law entitles workers to collect damages, as well. Normally, these come in the form of:

  • The overtime owed by the employer
  • Additional compensation for the business’s penalties and violations

What Should Employees Do When Their Overtime Rights Are Violated in LA?

Although California’s labor laws are strictly enforced, there are cases of employers and businesses refusing to respect workers’ rights. When employers refuse to pay overtime, pay workers incorrectly, refuse to allow breaks, and commit other transgressions against workers, they must be stopped. When employees like Axel realize their companies pay them incorrectly, there are a few things they should do. Workers whose rights have been violated in California should:

  • Collect evidence such as recorded hours, pay stubs, proof of hours worked, and more.
  • Contact a qualified overtime lawyer for support and help.
  • Decide how and where to file the claim. For example, one can file a complaint with the Wage and Hour Division of the Department of Labor or another department or agency.
  • File the claim in under three years, respecting the statute of limitations for such cases.

Axel kept careful records of what he was paid and the money missing from his paychecks. He then set up a meeting with his boss, Gabby, of Gabby’s Gifts. However, when Axel brought the matter to Gabby’s attention, she denied any wrongdoing. Instead, she informed Axel that she had decided how much overtime was, which meant an extra $2 per hour for him. She added that “she didn’t listen to the state,” and she “didn’t abide by federal law,” If Axel had a problem, he could just quit.

For a moment, Axel was tempted to quit. However, then he realized this would be letting Gabby off easily. Gabby’s Gifts owed Axel money, and his dreams of a shiny new guitar were not to be vanquished by a cranky gift store boss who didn’t respect workers’ rights.

Axel told Gabby he would be contacting an experienced attorney. The next day, he scheduled a consultation with one of the top overtime lawyers in Los Angeles. After reviewing his case, Axel’s new attorney told him that he was confident that justice would be done.

When Should Workers Contact an Employment Attorney, and Whom Should They Contact?

Paid overtime is common in California and provides an excellent incentive for hardworking employees. However, some companies attempt to take advantage of employees by refusing to pay them what they are rightfully owed. When Gabby refused to pay Axel $30 per hour for his overtime hours worked, she violated his rights under state and federal law. She also took advantage of a hardworking employee who had his eyes on a musical goal and was striving towards it, one boot at a time.

When individuals face situations like Axel’s, they should act quickly and decisively. Workers who realize they are treated unfairly and paid unjustly should schedule a consultation with an experienced Los Angeles law firm.

At the law office of Nakase Wade, our Los Angeles overtime law attorneys understand the rules and regulations outlined in the FLSA. These laws help to establish California’s:

  • Equal pay
  • Record keeping
  • Child labor rules
  • Minimum wage

We also have the utmost experience handling meal and rest break violations, unpaid overtime claims, pay stub issues and violations, sick leave problems, and much more.

Our attorneys are skilled, experienced, and ready to fight for the rights of California workers like Axel.

Speaking of Axel, he received the settlement he wanted when Gabby settled out of court. Axel is now working as a cashier at a different store and earning the proper overtime rate. He recently purchased his gold 1971 Fender Telecaster, and the band and its fans gave the axe rave reviews. Axel is back on top of the world, playing clubs and stages as the main guitarist in the hit band “Pistols and Princes.” He dreams of worldwide success, but for now, he is happy with his job and his band—not to mention his new guitar.

Workers in California should follow Axel’s “lead” and contact a professional, qualified law firm to deal with violations of their rights. Nakase Wade is ready to handle all employee questions and concerns about their overtime rights, so contact us today.

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Can Managers Receive Tips in California? No.

Can Managers Receive Tips in California? No. Under California law, a manager cannot take any part of a tip that's left for an employee. This means that you can't be forced to share your tips with the manager, supervisor, or owner of the business.  In California, when an employer or another supervisor or manager takes an employee's tips, it is considered a wage and hour violation.

Can Managers Take Tips In California?

No, in California, it is strictly prohibited for your manager to take tips that are intended for employees. California labor laws clearly state that tips are the sole property of the employees to whom they are given, and managers, supervisors, or employers cannot collect, share, or deduct any portion of these gratuities.

Lawyer Answers FAQ: California Lunch Break Law and Meal Break Law

Most California workers must receive the following breaks: An uninterrupted 30-minute unpaid meal break when working more than five hours in a day. As a general rule, and insofar as practicable, the rest break must be in the middle of each four-hour work period.

When did tips become taxable?

Tips became taxable in 1965 when legislation extending Social Security coverage to tips (for both taxation and the calculation of retirement benefits), required a tipped employee to report monthly all such tips received in one or more written statements furnished to his employer.
Is Job Abandonment Considered a Resignation in California

Is Job Abandonment Considered a Resignation in California?

Job abandonment in California is viewed as voluntary resignation when employees fail to notify their employer after extended absences. Employers should implement clear policies, address legitimate exceptions, and follow labor laws to manage job abandonment appropriately

California Lunch Break Law [2025]

This article answers common questions, such as "How many hours do you have to work to get a lunch break?" and "Can I work 6 hours without a lunch break in California?" Under California law, employees must be provided with no less than a thirty-minute lunch break when the work period is more than five hours. In California, an employer may not employ an employee for a work period of more than five hours per day without providing the employee with a lunch break.
Overtime - Understanding California’s laws and employee rights

Overtime: Understanding California’s laws and employee rights

California's overtime laws require non-exempt employees to receive extra pay for working over 8 hours a day or 40 hours a week. Employees must be compensated at 1.5 times their regular rate for hours beyond these limits and double pay for excessive hours on the 7th consecutive workday.

Why would someone ask for their personnel file?

Employees who believe they have been fired as a result of unlawful discrimination, retaliation, or harassment will often request their personnel file. Those files may contain information that helps you prove discrimination, harassment, or other civil rights violations.

Can You Refuse to Work If You Haven’t Been Paid?

Legally, you may have the right to refuse work if your employer hasn't paid you because it is constructive termination and wage theft by the employer. If your employer hasn't paid you, should should review your contract before not working.

What Happens If I Don’t Get Paid on Payday?

If you don't get paid on payday, contact an employment attorney immediately and ask for help getting the wages owed to you. Alternatively, if the regular payday for the last pay period an employee worked has passed and the employee has not been paid, contact the Department of Labor's Wage and Hour Division or the state labor department. 

How long can an employer not pay you?

Your employer must pay you on pay day if you did not resign or fired from your job. If you're fired from your job, you must be paid the same day. If you quit your job, you must be paid within 3 days. 

Do You Get Paid for Training? 

In California, employees are generally entitled to be paid for training as long as its job-related and mandated by the employer.

Is Unpaid Training Legal in California?

Yes, unpaid training is illegal in California. California employers must pay for mandatory training. Employees not paid for meetings or job training can sue for unpaid training.

Is It Illegal To Not Pay Overtime?

Yes, it is illegal for employer to not pay overtime. Overtime pay is 1.5 times an employee's regular rate of pay. Not all employees are eligible for overtime.
Is It Illegal to Work Seven Days a Week

Is It Illegal to Work Seven Days a Week?

Working seven days a week varies by state, with California laws addressing rest days and overtime pay rules. Employers must ensure compliance with labor laws to guarantee proper compensation and protect employee wellbeing.
How Many Hours per Week Is Considered Full Time

How Many Hours per Week Is Considered Full Time?

Find out what constitutes full-time employment, typical workweek lengths, and the benefits of full-time jobs, including health insurance and PTO. Learn how employers define full-time hours, overtime rules, and requirements for family leave under FMLA.

How To Report A Company Paying Employees Under The Table

If you are an employee being paid under the table, you can make a whistleblower report by contacting attorney Brad Nakase. Attorney Nakase does not charge an upfront fee and works on a contingency basis, collecting a percentage of the recovery. This ensures you can pursue your claim without financial barriers.

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