California Overtime Claim Lawyers
Recover Unpaid Wages and Protect Your Rights
If you worked overtime and your employer failed to pay you fairly, you may be entitled to significant compensation under California wage and hour laws. At Hillstone Law, we help employees across California pursue unpaid overtime claims, recover lost wages, and hold employers accountable for violating state and federal wage requirements.
Overtime violations can drain your income and leave you feeling powerless. Our employment law attorneys fight for hardworking employees who have been cheated out of hours they earned and rights they deserve.
What Is an Overtime Claim?
An overtime claim arises when an employee is entitled to overtime pay under state or federal wage laws but does not receive full compensation for hours worked beyond the standard workweek. In California, most non-exempt employees earn at least 1.5 times their regular rate of pay for hours worked over eight in a day and over 40 in a week. Certain employees may be entitled to double overtime for extended workdays.
Overtime claims may involve:
- Failure to pay proper overtime rates
- Misclassification of employees as exempt
- Failure to calculate regular rate correctly
- Unpaid overtime for hours before or after shifts
- Improper rounding of hours
- Working “off the clock” without compensation
Workers in many industries are affected by overtime violations, including retail, hospitality, food service, healthcare, logistics, construction, and professional services.
California Overtime Laws Explained
California overtime laws protect non-exempt employees by requiring employers to pay higher rates when employees work beyond established daily or weekly thresholds. The typical overtime rules include:
- Time and a half for hours over eight per day
- Time and a half for hours over 40 per week
- Double time for hours over 12 per day or over eight on the seventh consecutive workday
These standards apply in addition to minimum wage laws and other wage protections. Employers who misclassify workers as exempt from overtime or deduct pay incorrectly can create significant unpaid wages for their employees.
California overtime rules are complex, and not every employer violation is obvious. Our attorneys investigate pay records, timecards, job duties, and employer practices to determine whether an overtime violation occurred.
Common Types of Overtime Violations
Unpaid Overtime
Many workers are entitled to overtime but are not compensated for all hours worked beyond regular schedules. This includes employees who clock in early, stay late, or perform work “off the clock.”
Misclassification as Exempt
Some employers improperly classify employees as exempt from overtime based on job title alone. Job duties and actual work performed determine exemption status.
Incorrect Regular Rate Calculations
Overtime must be calculated using the correct regular rate, which can be complicated by bonuses, shift differentials, and nondiscretionary incentives. Miscalculations often result in underpayment.
“Rounding” Time Practices
Rounding employee time can violate wage laws if it consistently results in unpaid work. Employers must round fairly and accurately.
Split Shifts and On-Call Time
Employees working split shifts or on-call shifts that extend their workday may be owed additional compensation.
Who Is Eligible for Overtime Pay?
Most hourly employees in California are entitled to overtime pay unless they meet strict exemption criteria. Exemptions apply to certain executive, administrative, or professional employees, but exemption status depends on duties and salary thresholds, not job titles alone.
Even if you signed an agreement classifying you as exempt or salaried, you may still qualify for overtime if your actual job duties do not meet the exemption criteria.
How Overtime Claims Are Filed
Overtime claims may be pursued through administrative complaints with state labor agencies or through unpaid wage lawsuits. California law imposes strict deadlines, so acting quickly is important to protect your claim.
An overtime claim may seek:
- Back pay for unpaid overtime wages
- Interest on unpaid wages
- Liquidated damages in some cases
- Recovery of attorney fees and legal costs
Our attorneys work with clients to evaluate the strongest legal strategy, file the appropriate claims, and negotiate or litigate for full recovery.
Why Choose Hillstone Law for Your Overtime Claim
Overtime disputes can involve large calculations, complex employment records, and employer defenses. At Hillstone Law, we thoroughly review your pay history, employment classification, time records, and employer practices. We identify all possible violations, pursue all available legal remedies, and treat every case with professionalism and attention to detail.
We understand the financial stress caused by unpaid wages. Our goal is not only to recover your unpaid overtime but to make employers accountable and send a message that wage theft will not be tolerated.
What You Should Do If You Suspect an Overtime Violation
If you believe you are owed unpaid overtime:
- Keep a record of all hours worked
- Save pay stubs, schedules, and timecards
- Note any unpaid time, off-the-clock work, or inconsistent pay practices
- Document conversations with supervisors or HR
Then contact an experienced employment lawyer who can review your evidence, estimate your potential recovery, and advise you on next steps.
FAQs About Overtime Claims in California
What counts as overtime in California?
Overtime generally includes hours worked over eight in a day, over 40 in a week, and certain extended workdays that may trigger double time.
Can my employer avoid overtime by classifying me as exempt?
Only if your job duties and salary meet specific exemption criteria. Misclassification is common and often unlawful.
How long do I have to file an overtime claim?
California law imposes deadlines for wage claims. Acting early preserves your rights and options.
Can I recover attorney fees and legal costs?
In many overtime claims, the employer may be required to pay your attorney fees and legal costs if you recover unpaid wages.
Take Action on Your Unpaid Wages
Unpaid overtime can diminish your earnings and violate your rights under California law. If your employer failed to pay you for all overtime hours worked, Hillstone Law can help you recover what you are owed.
Contact our California overtime claim lawyers today for a confidential consultation. In many cases, we represent clients on a contingency basis, meaning you pay nothing unless we win compensation for you.
