Unpaid Overtime

Home Practice Areas Unpaid Overtime

Practice Areas


Unpaid Overtime

Overtime and Double Time are additional compensation paid to certain employees who put in additional hours at work beyond what the law considers normal hours. The law considers 8 hours in a workday or 40 hours in a workweek to be normal.

California Overtime Eligibility

Most employees in California are eligible for overtime compensation. According to the protections outlined in California Labor Code sections 510 and 1194, properly classified non-exempt employees have the right to get paid overtime.

California Overtime Ineligibility

California’s overtime laws do not apply to all employees. The following employees are not entitled to overtime compensation:

  • Administrative employees
  • Any parent, spouse, child, or legally adopted child of the employer
  • Certain student nurses
  • Crew members employed on a commercial fishing boat
  • Properly classified exempt employees
  • Independent contractors
  • Employees of a public entity
  • Executives
  • Computer software employees
  • Commissioned sales employees
  • Employees of a public entity
  • Employees covered by collective bargaining agreements
  • Outside salespeople
  • Private teachers
  • Professional actors
  • Professional employees
  • Students who work as part of their curriculum
  • Taxicab drivers
  • Truck Drivers
  • Volunteers

According to California Labor Laws, the following professionals have special overtime rules:

  • Ambulance drivers and attendants
  • Domestic workers
  • Group home employees
  • Nurses and employees in the healthcare industry subject to a validly adopted alternative workweek schedule
  • Employees with a validly adopted alternative workweek schedule
  • Employees who live on the employer’s premises

California Overtime

California regulates daily and weekly overtime and daily and weekly double time. A non-exempt employee is entitled to overtime compensation of one and a half times their regular rate of pay and Double time or two times the regular rate of pay in the following instances:

  • Overtime for hours worked in excess of 8 hours in a workday
  • Overtime for hours worked in excess of 40 hours in a workweek
  • Overtime for the first 8 hours of work on a seventh straight day of work
  • Double time for hours worked in excess of 12 hours in a workday.
  • Double time for hours worked in excess of 8 hours on the seventh consecutive workday

Unpaid Overtime Damages

A worker who has not been paid overtime compensation for the hours they’ve worked may be entitled to the following damages:

  • Attorney’s fees
  • Civil Penalties under the Private Attorneys General Act (PAGA)
  • Costs of the lawsuit
  • Interest
  • Damages equal to the wages unlawfully unpaid
  • Statutory penalties
  • The unpaid balance of the full amount of the minimum wage
  • Waiting time penalties if the employee quits, gets terminated, discharged, or laid off

California Unpaid Overtime Statute of Limitations

The statute of limitations for an unpaid overtime wage claim is three years before the date the lawsuit is filed in court. The statute of limitations is extended to four years if there’s an alleged violation of California’s Unfair Competition Law (UCL). This means that the employee can go back three to four years from the date a civil complaint is filed to recover any unpaid overtime.

What should I do if I have unpaid overtime?

If you are not being paid overtime wages for all hours worked, it is advised that you preserve all evidence related to your overtime hours worked and then contact an unpaid overtime attorney at Falakassa Law, P.C.

Call us now for a free case consultation at 916-680-8486.

"Best Employment Lawyers"

- Expertise.com

5 - Star Reviews

"I’m so happy I worked with Falakassa and not another lawyer. He fought for my case when it wasn’t looking good. Any other lawyer would have given up on my case but he fought for me until the end. I would recommend him and call him again if I’m ever I’m ever in need of a lawyer."

Sanaz D.

"Josh is my go-to lawyer after my last few interactions with him. He’s extremely sharp, very knowledgeable about his craft and industry, and has tons of experience that showed to an effective lawyer and got me great results."

Daniel M.

"Mr. Falakassa is an ultra professional employment lawyer. He cares for his clients and represents employees only against big companies. He will get you results and I refer/recommend him for any employment law Cases"

Joey N.

"Mr. Falakassa is a well polished employment lawyer. He answered all my inquiries and is always available to answer the phone. He is a great writer and one of the best at what he does. I would go to him for any employment law issues"

Martin S.

“I have gotten to know Mr. Falakassa working with him closely in a professional capacity. He is very smart and professional and he is always ready to go the extra step. I highly recommend him for any employment law dispute.”

Mehrdad B.

“Attorney Falakassa is an outstanding employment lawyer. He took his time and gave me a free consultation and answered all my questions and followed up. He is very sharp and professional. I highly recommend him for any employment law dispute.”

Jonathan H.

“I’m glad to have met Mr. Falakassa. He is a top employment lawyer and truly cares for his clients. He will maximize your recovery. I recommend him for any termination or wage issues!”

Steven A.

“Mr. Falakassa is an outstanding gentlemen and lawyer. He’ll take the time to sit down with you and really get to know you and your legal concerns to provide the best possible outcome. I would definitely recommend this firm for any employment related needs.”

Daniel Y.

Speak With A Lawyer Now

Skip to content