California has some of the nation’s strongest overtime protections, requiring employers to pay workers fairly for every hour worked. Under the California Labor Code and applicable Industrial Welfare Commission (IWC) Wage Orders, non-exempt employees must receive overtime pay when they work more than eight hours in a day or forty hours in a week, and double time for hours exceeding twelve in a day or eight on the seventh consecutive day of work.

Despite these clear rules, overtime violations are widespread. Employers often attempt to avoid overtime obligations by misclassifying employees as exempt (for example, labeling them “managers” or “independent contractors”) or by requiring off-the-clock work before or after shifts, during meal periods, or while employees are on call. Some employers offer “flat salaries” or “day rates” that unlawfully fail to account for overtime premiums.

To determine whether an employee is exempt from overtime, California law looks to the actual duties performed, not the job title or pay method. Only employees who meet strict tests for executive, administrative, or professional exemptions—and who earn at least twice the state minimum wage—may lawfully be denied overtime pay. Everyone else is entitled to overtime for extra hours worked.

When employers fail to pay overtime correctly, workers may recover unpaid wages, interest, statutory penalties, and attorney’s fees. They may also be entitled to waiting-time penalties if unpaid overtime remains outstanding at termination, as well as wage statement penalties if paystubs were inaccurate.

At Levine Labor Law, we help California workers uncover unpaid overtime, challenge misclassification schemes, and recover every dollar the law requires. We combine detailed time and pay analysis with California’s powerful wage statutes to hold employers accountable for wage theft in all its forms.