Navigating California's unique employment landscape can be a puzzle, particularly concerning fair compensation for hard work. Overtime, in particular, is often misunderstood, with its complex rules and calculations leaving many uncertain if their paychecks truly reflect their effort.
This guide from Freeburg & Granieri aims to be your compass, cutting through legal jargon to clarify California overtime laws and address common issues like unpaid wages.
Whether you're an employee seeking to understand your rights or an employer striving for compliance, this resource will untangle wage and hour complexities, providing clarity and confidence.
At its core, overtime is a premium pay rate for extra hours worked. It's not a bonus or a gift from your employer; it is a legal requirement. In California, for most non-exempt employees, this means getting paid at one-and-a-half times (1.5x) or even double (2x) your regular rate of pay for certain hours worked.
The key is understanding when these higher rates kick in, because it's not as simple as just working more than 40 hours a week.
Under federal law, overtime starts only after 40 hours/week. California adds a daily layer:
California’s rules typically entitled an employee to more overtime wages—and that’s by design.
Work 8, get regular pay. Work 9, 10, 11, or 12? That extra time is 1.5×. It’s the system’s way of saying “your time is worth more”.
Here, the rate jumps to 2×. A long day calls for double pay—plain and simple.
Even if each day is under 8 hours, once you hit 40 hours in that week, extra hours are 1.5×. This protects those on consistent but lengthy schedules or work 6 or even 7 days a week.
Scenario: 9 hours/day, Monday to Friday:
Yes—you see double counting. It adds up fast.
Then, you earn 2× on those hours.
Think of factory workers during busy seasons, or an employee picking up an extra Saturday shift after already working Monday through Friday. That’s when double time kicks in.
Some companies offer:
These schedules avoid daily overtime—but only if employees agree through a vote and the alternative work schedule is registered with the California Department of Industrial Relations
Being paid a salary doesn’t automatically exempt you. To be exempt, you must:
Titles don’t matter—duties and pay do.
Usually, contractors don’t get overtime. But if you're treated like an employee—dictated hours, direct oversight—you may in fact be misclassified. That can lead to legal claims.
For unionized employees who are working under a Collective Bargaining Agreement (CBA) or also known as a union contract, the CBA can set different standards for when employees are entitled to overtime.
Their rotations can be long and grueling. Unless there’s a proper alternative schedule or union agreement, the same overtime rules apply.
Since 2025, overtime kicks in after 9.5 hours/day (up from 10) and double time after 12. Extra protections are rolling in.
Caregivers and housekeepers working in your home get overtime after 9 hours/day or 45 hours/week. It’s easy for employers to overlook—but the law doesn’t.
If your employer doesn’t let you take a 30-minute meal or 10-minute rest break, they owe you an extra hour of pay per missed break. Plus, working through those breaks often pushes you into overtime hours.
These stack fast—and can impact your overtime totals.
Your overtime rate is based on your “regular rate”—not just base pay. That includes:
These extras boost your regular rate of pay, which means your OT rate goes up for pay periods in which you earn additional compensation and work overtime.
Employers must track every minute worked—paid or unpaid. Records must be maintained for at least three years.
Companies must:
If you are instructed to check emails or work before punch-in or clean up after clocking out—you’re owed pay for it. All work should be done on the clock and your employer is not allowed to ask you to clock out and then finish a task. You employer is also not entitled to call you outside work hours and ask you to perform work, but not pay you for that time.
Calling someone a “contractor” doesn’t make it so. Misclassification can lead to back-pay, penalties—and even lawsuits. Also misclassifying an employee as salaried or exempt from overtime can have severe financial consequences for an employer. The assumption should be that all employees are hourly employees and only certain and few employees should be classified as exempt employees.
If discrepancies remain…
If your employer isn’t paying you the overtime you’ve earned, you don’t have to face it alone. Freeburg & Granieri APC offers experienced legal guidance to help you assert your rights under California’s wage and hour laws.
Usually three years, but up to four in some cases. Don’t delay—delays cost you money.
If you’re being denied overtime pay or unsure of your rights under California’s overtime laws, Freeburg & Granieri APC is here to help. Located at 76 N. Fair Oaks Ave Pasadena, CA 91103, we proudly serve employees in Pasadena, the surrounding areas, and throughout California.
Our team believes every client deserves personalized attention and honest advocacy, not cookie-cutter solutions.
Business hours are Monday through Friday, 8:00 AM to 5:00 PM. Whether it’s unpaid overtime, misclassification, or retaliation, Freeburg & Granieri APC will handle your case with care, integrity, and the dedication it deserves. Reach out today and let us protect your rights from start to finish.
Overtime laws in California are generous by design—to protect your time, health, and paycheck. Whether you’re a hardworking employee or an employer wanting to do things right, knowing these rules puts you ahead.
And if complications arise... having Freeburg & Granieri APC by your side can make all the difference. You’re not just a number. You’re someone's priority.
Yes—California law allows employers to require overtime, as long as they pay the correct overtime premium, provide required breaks, and don’t schedule excessive hours that could affect your health or safety.
Only if your hours exceed the daily or weekly thresholds—not because it's a holiday or weekend. Those day names don’t trigger overtime. Your total hours do.
Retaliation is illegal. You can file a separate legal claim for damages—back pay, emotional distress, even punitive penalties.
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