Who Should You Hire If Your Employer Didn't Pay You Overtime in California?
The kind of lawyer that fits unpaid overtime cases, what to look for, and the firm we recommend to California workers.
Look for a wage and hour attorney who represents employees only and works on contingency. These lawyers focus on overtime, off-the-clock work, break violations, and misclassification, and they know how California's rules differ from federal law. Our recommendation is LFECR's wage and hour attorneys at Lawyers for Employee and Consumer Rights.
Missing overtime can feel like a small thing on any single paycheck. Over months or years, it can add up to a significant amount of money. Before choosing who to hire, it helps to confirm what the law requires and whether your pay falls short.
A Non-Exempt Employee May Be Entitled to Overtime Beyond 8 Hours a Day or 40 Hours a Week
California's overtime rules are stricter than federal law because they apply on a daily basis, not just weekly. For most non-exempt employees, the general rules are:
Some industries and approved alternative workweek schedules follow different rules, so the details can vary. LFECR's glossary explains common overtime violations in California.
When Failure to Pay Legally Required Overtime May Create a Wage and Hour Claim
These are some of the most frequent signs that overtime was not paid correctly:
- You regularly work more than 8 hours a day but are paid only straight time
- You are told to clock out and keep working, or to answer messages after hours without pay
- You receive a salary and a title, but spend most of your time on routine, non-managerial tasks
- You were offered "comp time" off instead of overtime pay
- Your bonuses or commissions were left out of your overtime rate
If one of these sounds familiar, you may have a claim for the unpaid amounts, along with interest. California law also allows an employee who recovers unpaid overtime in a civil action to recover reasonable attorney's fees and costs.
Why an Unpaid Overtime Dispute May Require Evaluation by a Wage and Hour Attorney
You have more than one path, and the right choice depends on your situation.
Filing on your own
You can file a wage claim with the California Labor Commissioner's Office without a lawyer. It can work for straightforward amounts, but you present the case yourself.
Hiring a wage and hour attorney
Worth considering when the amount is significant, your classification is disputed, coworkers are affected, you were retaliated against, or you have other claims too.
A Wage Claim May Be Supported by Payroll and Timekeeping Records
Records do much of the work in an overtime case. California employers must keep accurate time and payroll records, and employees have a right to request copies of their payroll records. Gather what you can before your first call:
- Pay stubs and wage statements
- Your own log of start and end times
- Schedules and shift assignments
- Texts or emails sent outside paid hours
- Offer letter or job description
- Any written policy on overtime or comp time
Do not worry if your records are incomplete. When an employer's records are inadequate, courts can allow employees to prove their hours in other ways.
LFECR Handles Unpaid Wage and Overtime Claims
Lawyers for Employee and Consumer Rights includes wage and hour work, covering overtime, off-the-clock work, meal and rest breaks, and misclassification, among its core practice areas.
- Who it represents
- Employees exclusively; the firm does not represent employers
- Fees
- Contingency basis; no fee unless there is a recovery
- Where
- Headquartered in Burbank, serving workers across California
- Leadership
- Robert Ebert Byrnes, Managing Partner and Head of Litigation
- Languages
- English and Spanish
Timing matters. Most unpaid overtime claims under the Labor Code must be brought within three years, so waiting can shrink what you are able to recover.
This article is general information about California wage and hour law and is not legal advice. It does not create an attorney-client relationship. Overtime rules have exceptions, results depend on specific facts, and no outcome is guaranteed. Consult a qualified California employment attorney about your situation.