Short answer: California law entitles nonexempt employees to overtime pay at time and a half for hours worked over eight in a day or over 40 in a week, and double time for hours worked over 12 in a day. Being salaried doesn’t automatically disqualify you from overtime, and you’re entitled to wages for all the time you work, including small tasks before your shift or work you do after clocking out. Keep your pay stubs, log the hours you actually work, and compare the two. The Department of Industrial Relations has resources on overtime rules, and an employment attorney can help you understand whether you have a claim.
Working long days and still coming up short on your paycheck is exhausting, both physically and financially. Many of the employees we talk with sense something is off with their pay long before they say anything. They need the job, they want to do good work, and raising the issue with a boss can feel risky. Those feelings are completely understandable. Still, the time you give your employer has real value, and California law says you should be paid for every hour of it. Understanding how overtime works is the first step toward making sure you aren’t leaving money on the table.
How Overtime Pay Works in California
In California, an employee is entitled to overtime pay for working over eight hours in a day or over 40 hours in a week. Those extra hours are paid at time and a half. Once your workday goes past 12 hours, the rate increases to double time. The calculation stays the same whether you pass the daily threshold or the weekly one, so both trigger time and a half.
Overtime applies to nonexempt employees. Some exempt employees may not be entitled to the same overtime wages a nonexempt employee would receive. Underneath every overtime rule is one simple principle: you’re entitled to compensation for all hours worked.
“You’re entitled to payment of wages for all the time that you work,” says attorney Nancyrose Hernandez. That includes the moments that are easy to overlook. Coming in a little early to handle small tasks, or continuing to work after you’ve clocked out, still counts as compensable time, and you’re entitled to wages for those hours.
Being Salaried Doesn’t Automatically Mean You’re Exempt
A common misconception is that salaried employees aren’t entitled to overtime. A salaried employee who isn’t paid double minimum wage, or who is truly nonexempt, is entitled to overtime pay. Your title and pay structure alone don’t settle the question. Figuring out whether you’re owed overtime means looking closely at the employment relationship, your job position and description, and your hourly rate.
Subtle Signs You Aren’t Being Paid for All Your Hours
Wage problems don’t always show up as a missing paycheck. One subtle sign is time rounding. An employer that rounds your time and doesn’t credit you for your full working hours, even by just a few minutes, may not be paying you accurately. A few minutes here and there can add up over weeks and months.
Your pay stubs can also reveal a problem. Your itemized written wage statements should reflect all the hours you worked, including overtime. Take time to review each one and make sure everything matches up, including your sick time accruals or PTO. A gap between the hours you actually work and the hours showing on your pay stubs deserves your attention.
Why Your Pay Stubs and Time Logs Make the Difference
One of the biggest mistakes we see employees make is failing to keep their pay stubs or create logs showing exactly the hours they worked. Without that data, you may not have the documentation to support a claim that you weren’t paid for all overtime worked.
When you suspect you’re not being paid correctly, hold on to every pay stub. Keep your own log of the hours you actually work, and build a record showing when you’re working extensive hours, over eight hours in a day, or over 40 hours in a week. That record lets you show where your pay stubs fall short of the time you’ve put in.
You also have resources available. You can consult with an employment law attorney, or use the resources from the Department of Industrial Relations to look up the rules and regulations on overtime pay and how overtime is calculated.
A Client Story: Eighty Hour Weeks Paid as Eight Hour Days
One client’s experience shows how unpaid overtime can build over time. He worked extensive hours, sometimes over 80 hours in a week, and much of his time was spent driving, anywhere from 100 to 150 miles a day. He regularly worked 10 to 12 hours a day, sometimes 14, yet his employer paid him a flat rate for a straight eight hour day. His drive time went uncompensated, and his employer never calculated how many hours he was actually working. Those shorted wages added up to quite a bit of money.
He had an idea he probably wasn’t being paid right. But he needed the job, and he genuinely wanted to build the business, impress his boss, and do good work, so he was willing to take a little cut to keep his position. For years he worked without appropriate compensation or overtime pay. Eventually the exhaustion caught up with him, and he knew his pay didn’t reflect the effort he was putting into the business.
Once the situation took a toll on his mental and physical health, he raised the issue internally and told his boss he wasn’t being paid for all the hours he worked. His employer was angry and didn’t want to pay him for all his compensable hours. Shortly after he came forward, he was subjected to retaliation and terminated.
His story carries an important lesson. Getting paid a flat rate, or only being paid for eight hours on a day you work ten, is a violation of the California Labor Code, and you might have a claim. “It’s not okay to work the hours that your employer requires without the proper and appropriate compensation,” Hernandez says. “Don’t leave money on the table and don’t work hours that you’re not being paid for.”
There’s a silver lining. Our client is no longer physically exhausted from hours he wasn’t being paid for. He came to understand that even though he needed and loved his job, he was being taken advantage of, and leaving that abusive work relationship was important to him. Now he can thrive and be a good employee for somebody else.
Disclaimer
This content is for informational purposes only and does not constitute legal advice. Every situation is different. Consult with a qualified employment law attorney to discuss the details of your case.
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