Wage and hour laws exist to ensure that workers are fairly compensated for the time and effort they put in. Unfortunately, many employers—knowingly or not—violate these laws, especially when it comes to unpaid overtime. If you’ve been working more than 8 hours a day or 40 hours a week without appropriate pay, you may be legally entitled to recover unpaid wages, penalties, and more.
At PLBH, we help employees stand up for their rights when employers fail to follow California’s strict wage and hour regulations. Here’s what you need to know if you believe you’re owed overtime.
Understanding Overtime Pay in California
California has some of the most employee-friendly overtime laws in the country. Employers must pay time-and-a-half (1.5x your regular rate) in the following situations:
- Over 8 hours in a single workday
- Over 40 hours in a single workweek
- First 8 hours worked on the seventh consecutive day of work in a workweek
You’re also entitled to double time (2x your regular rate) when you:
- Work more than 12 hours in a workday
- Work more than 8 hours on the seventh consecutive day in a workweek
If you’ve met any of these conditions and haven’t received proper compensation, your employer may be violating state labor laws.
Common Overtime Violations
Wage and hour violations often go unnoticed because employers use subtle tactics to avoid paying what’s owed. Some of the most common include:
- Misclassifying employees as exempt (salaried) when they’re legally entitled to overtime
- Forcing off-the-clock work, like requiring you to prep before your shift or stay late to clean up
- “Rounding” time entries to reduce reported hours
- Failing to include bonuses or commissions in calculating your overtime rate
- Paying straight time instead of time-and-a-half
If any of these sound familiar, it’s worth speaking to an employment attorney to evaluate your situation.
How to Document Overtime Violations
To build a strong case, you’ll need to gather evidence that proves you worked unpaid overtime. Even if you don’t have access to official time records, your own documentation can go a long way.
Tips for gathering evidence:
- Keep a detailed journal of your hours worked each day
- Save emails, schedules, or messages showing your start and end times
- Request payroll records from your employer (they are legally required to provide them upon request)
- Talk to coworkers who may have experienced the same issues
The more records you have, the better positioned you’ll be to demand the pay you’re owed.
Legal Remedies for Unpaid Overtime
If you’ve been denied overtime pay, the law offers several powerful remedies:
- Back pay for all unpaid overtime hours
- Interest on unpaid wages
- Statutory penalties for each pay period the violation occurred
- Attorney’s fees and legal costs
- Liquidated damages, in some cases, which may double the amount you’re owed
Depending on the facts of your case, you may be able to file an individual claim or join with others in a class action lawsuit if multiple employees were affected.
Time Is Limited: Don’t Wait to Take Action
California law gives employees a limited window to file wage claims. In most cases, you have:
- Three years to file a claim for unpaid overtime
- Up to four years if your claim includes a breach of contract or unfair business practices
Delaying action could cost you the compensation you deserve. That’s why it’s important to speak with an experienced employment law attorney as soon as you suspect a violation.
Get the Support You Need from PLBH
If you’re not being paid fairly for your time, you have the right to stand up and fight back. At PLBH, we represent employees in wage and hour disputes and work tirelessly to recover every dollar our clients are owed.
Call PLBH at (800) 435-7542 today to schedule a confidential consultation. We’re here to help you reclaim your time, your pay, and your peace of mind.