Getting Back Unpaid Wages In California

Find A California Labor Lawyer for Overtime Laws and Claims


Most California workers are entitled to overtime pay if they work more than a certain number of hours. If your boss refuses to pay for overtime hours, contact a Labor Lawyer in California to get the unpaid wages you deserve.


What Is An Overtime Pay?


Overtime pay is a bonus that a worker might receive if they work more than a certain number of hours in a workweek or workday.


A workday could begin at any point during the day. However, successive workdays must start at the same hour. Additionally, an employer may designate separate workdays for various shifts. After workdays have been established, they are only changed if the change is permanent, not to avoid paying extra wages.


The commencement point of any workweek, like the beginning point of a workday, cannot be changed after it has been established. It can only be changed if the change is permanent and not done to avoid paying overtime wages.

Many non-exempt workers in California are entitled to this. However, your overtime pay depends on the length of your shift and the number of days worked during the workweek. Get in touch with a California Labor Lawyer to help with your legal options.


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What if Your Boss Isn't Willing to Pay You Overtime?

Unpaid overtime claims are the most common and substantial complaint filed under the wage and hour laws. Unpaid overtime could be the result of an employer's failure to grasp wage and hour legislation. It could also be a kind of wage theft in some situations. Employers who want to follow the law should familiarize themselves with overtime regulations.

Workers must also be aware of their rights to overtime pay to receive all of their expected salaries.

Workers have the right to launch a wage and hour lawsuit against employers that fail or refuse to pay them overtime as required by the law. If the case is successful, an employee may be entitled to the following benefits:

  • The unpaid overtime wages withheld by the employer.

  • On the amount of overtime wages, there is interest.

  • Attorney's fees and reasonable litigation costs.

An employee whose company has denied overtime is usually not alone. You can join a class-action lawsuit brought by an expert overtime attorney if your employer consistently fails to reimburse you for your overtime work.

Employees' Average Hourly Wage


The employee's regular pay rate determines overtime pay. Your standard rate is determined by how you are reimbursed. The hourly pay rate is your usual rate if you are paid per hour and do not receive any further compensation.


It's worth noting that certain firms may not set payment rates to circumvent overtime requirements. As a result, a worker's payment rate must be calculated consistently and accurately to represent the worker's pay practices.

If you're having trouble calculating your unpaid wages or think there are other legal areas you can make claims for, contact a California Labor Lawyer to help you sort it out.


Overtime Calculation


Overtime pay in California is based on your regular hourly wage. Calculate your hourly rate by dividing your annual remuneration by 52 if you are not paid per hour but earn a yearly salary and are eligible for overtime pay. The number 52 represents the total number of weeks in a year. Then double the result by forty. The total number of hours in a workweek is forty in this scenario.

  • If you are paid at two or more different rates during the same workweek, your overtime will be calculated using an adjusted average of the rates. If you take a sick or vacation day during the workweek, the hours of that day cannot be used toward your overtime calculation.

  • In addition, if you work 48 hours in a week but take one workday (8 hours) off, you will not be eligible for overtime. This is because you did not work more than forty hours.

Other benefits are not considered overtime. For example, discretionary bonuses, such as yearly Christmas bonuses, are included. This is because these benefits are not included in a worker's regular compensation.


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Non-discretionary bonuses, on the other hand, are based on the number of hours you worked as well as the quality of your work. Because these benefits are included in your regular pay rate, they are considered when calculating overtime.

Ask your California Labor Law Attorney for more extensive details.

When Should Overtime Wages Be Paid?


As previously stated, entitled workers who work more than eight hours in one workday, forty hours in one workweek, or on the seventh day of a workweek should always be paid overtime. Employers should pay overtime wages in the next paycheck for workers. This requirement applies whether or not the overtime was approved in advance by the employer.

A worker may not conceal the fact that they will be working overtime from their employer. Therefore, in theory, an employer should be able to approve or deny overtime claims ahead of time.

Overtime pay is not an option for employees. If they are entitled to overtime pay under state law, they must be compensated. In addition, they have the right to sue their employers if they are not paid the salaries they are owed.

These workers can compel their employers to pay all unpaid overtime payments if they have legal protection. However, the statute of limitations for bringing a lawsuit for unpaid overtime is three years from the date they made a claim.

Find A Labor Lawyer in California


No win, no fees! Here at Gency.org, we can help you find a Contingency Lawyer for your Employment Law Cases in California. You can complete our submission form for a free case review.

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