Fighting for a fair wage for every hour you work. What you didn’t know about overtime in California
Are you being forced to work overtime and not getting paid for it? Do you think you have been wrongly classified as exempt? Nowadays, we spend more time in the professional field than at home. Perhaps you have just arrived in the country and feel the need to accept jobs in which you are not valued or treated as you deserve. If there is an unfair situation, or you believe that your employer is not being honest with you, you should try to resolve it as soon as possible.
If your overtime hours are not being paid, remember that you have rights. According to California law, you must receive payment for those hours. And we recommend that you demand it as soon as possible.
It is very important for mental health to have moments of rest.
Think that every minute you are giving to the company you could be dedicating to your family or enjoying a moment of leisure. If your employer does not pay you overtime, you have to find a way to remedy it as soon as possible. It is not going to be a situation that will not be solved by itself. Our attorneys specialize in employment law and have years of experience with cases of this type. We know the laws, and we know the evidence that we must provide and the key points for your claim to be successful. It is practically impossible for you to recover the overtime that you are owed on your own.
Call us now at (888)442-2642 or fill out the contact form and tell us about your case so we can evaluate your options. The first consultation is free, 100% confidential, and with no obligation.
How can I recover my overtime in San Francisco, California?
Labor exploitation. That’s what it’s called when you don’t get paid for your overtime. Don’t wait and don’t try to excuse it. California laws state that all workers have rights, regardless of their immigration status. The first thing you should know is that no one can force you to work more than your working day. You are within your right to refuse to do so. But if you do them, by law you must charge them. Getting all the necessary evidence and drafting your claim appropriately is tremendously complex for you. Here are some tips:
- Keep a record of all the hours you work in addition on a piece of paper.
- Get the testimony of your colleagues. In fact, a group complaint is always much more effective than an individual one.
- Talk to your employer before doing anything. Maybe he is not aware of the situation.
- Do not wait to file your complaint if he refuses to pay you. There are time limits for filing your claim.
We speak your language, and that of the jury and the judges. We have knowledge of local, state, and federal laws. In addition, we have extensive experience in this field. We are proud of the thousands of cases won for our clients and the millions of dollars in compensation achieved for them. Our best proof is the satisfaction of our clients and getting for them the compensation that by law corresponds to them and what they deserve.
Don’t wait—call us as soon as possible at the toll-free number (888)442-2642 and we’ll assist you in Spanish 24 hours a day, 7 days a week.
How much should I be paid for overtime in San Francisco?
Overtime is worth 1.5 times the value of a normal hour.
They are worth double when 12 hours are done in a row a day or when more than 8 hours are worked 7 days a week. There are exceptions, so it is important that you find out about your particular case with an employment lawyer specializing in Employment Law.
What is considered overtime in San Francisco, California?
The employment laws in California are very beneficial for workers. According to these laws, the following are considered overtime:
- Every hour that exceeds the working day of more than 8 hours a day.
- When 40 hours a week are exceeded.
- The 7th day that you work in a row a week
All this depends on several factors, including the schedule you have and your category.
You may not have known that, by law, your employer is obliged to pay you overtime, whether authorized or not. Unfortunately, it is common for them to try to avoid that payment or even classify you as exempt so as not to settle that debt with you.
Think that every minute you dedicate to your work is a minute you lose with your family or your friends. Time is gold and does not return. Do not hesitate to value it as it deserves.
With our help, you could file an individual or collective lawsuit. We are here to protect your rights. Find out about your rights now.
Know your rights as a worker in California now thanks to a lawyer
As an employee, there are a number of benefits that correspond to you and that you may not have known or have not been duly informed about:
- Rest and time to eat: 10 minutes for every 4 hours of work
- Minimum wage and overtime
- Safe and hazard-free workplace
- Benefits in case of injury due to accident or illness
We can inform you about all this and much more.
What is the minimum wage in the state of California?
Minimum wage for employers with 25 or fewer workers
Minimum wage for employers with 26 or more workers
January 1, 2020
$12.00/hour
$13.00/hour
January 1, 2021
$13.00/hour
$14.00/hour
January 1, 2022
$14.00/hour
$15.00/hour
January 1, 2023
$15.00/hour
$15.00/hour
Did your employer classify you as exempt from collecting overtime and you think it is not correct?
Many workers are misclassified as exempt, sometimes intentionally so as not to pay you.
To be classified as exempt, you must meet the following requirements:
- Charge at least 2 times the minimum wage
- If the employee has the capacity to decide how to organize their work
- Work on administrative decision-making
Some positions that are sometimes misclassified as exempt include:
- Information technology workers
- Computer programmers, software engineers, and other computer-related positions
- Marketing employees and other support employees
- Customer service and call center employees
- Sales employees
- Project management staff who do not actually manage people
- On-call workers such as firefighters, nurses, emergency medical technicians, ambulance drivers, and other first responders.
What is workplace retaliation in California?
When you take some kind of action against an employer, boss, or manager, it is very likely that he will confront you. To do this, he will begin to have negative attitudes against you, such as:
- Lower your rank
- Change your position or schedule without prior notice
- Offer training in a language other than yours to limit your chances of promotion
- Harassment
- Insults
- Belittling you
- Not addressing you
With this, he only intends to destabilize you and make you make a mistake that could cost you your job. Do not confront him or stop performing your tasks.
Retaliation is totally illegal. An employer cannot undertake them against you, and even less when he does so for making use of your rights.
If you are suffering retaliation, it is very complex for you to stop them by yourself.
You will need all the support and help necessary before they have too strong an impact on your life at a psychological level, and on your economy due to the loss of purchasing power.
That is why we recommend that you go to a specialist lawyer as soon as possible to help you, support you, accompany you on the road, and get you the recovery of those overtime hours and that these reprisals are stopped.
Mental health and physical health are one of the most important things we have. Time is tremendously valuable, do not give away both, protect both to the maximum and also protect your rights. An employee who does not know his rights is a vulnerable employee.
That’s why we explain your rights with examples, results, and numbers from real cases. We put our experience and knowledge at your disposal. We work aggressively on your behalf, but in an empathetic and honest way. Call us as soon as possible at (888)442-2642 or fill out the contact form to find out where you stand and to evaluate your case.
Our attorneys at Liberation Law Group for Employment rights in San Francisco, Daly City, South San Francisco, San Bruno, Colma, Linda Mar, Millbrae, Burlingame, San Mateo, Montara, Foster City, Highlands-Baywood Park, Oakland, Alameda Island, Bay Farm Island, San Leandro, Union City, Newark, Redwood City, Palo Alto, Mountain View, Sunnyvale, Santa Clara, San Jose, Fremont, Richmond, Berkeley, Walnut Creek, Hayward, Pleasanton, San Ramon, San Mateo and San Rafael, California.
Where We Serve
We handle fair wage and overtime claims in San Francisco, Oakland, Sonoma County, Napa County, Watsonville, and throughout the region.
Do you need an employment lawyer?
Attorney Arlo Uriarte can evaluate your case — free, in Spanish, 24/7. 1-888-442-2642 — free consultation here.
Frequently Asked Questions
How exactly is the correct overtime pay calculated in California?
California has the most generous overtime system in the country. The formula: for each hour worked between 8 and 12 in the same day, you’re owed 1.5 times your regular rate. For each hour after 12 in the same day, you’re owed 2 times your regular rate. If you work 7 consecutive days in a workweek, the full seventh day is paid at 1.5x, and hours over 8 that day at 2x. Weekly: hours 41–infinity are paid at 1.5x. For live-in domestic workers: overtime after 9 hours per day or 45 per week. Call 1-888-442-2642.
What is the regular rate of pay, and how does it affect overtime calculations?
The regular rate of pay isn’t just your base wage—in California it includes all non-discretionary pay: production bonuses, commissions, certain stipends, and extra rates for night work or special conditions. If your employer calculates overtime only on your base wage and ignores these additional payments, they may be undervaluing your overtime. This is a common violation, especially in industries with complex pay structures like restaurants with tip pooling or commission-based sales. Call 1-888-442-2642.
What is illegal time rounding, and how can I spot it?
Rounding is the practice of rounding recorded time to the nearest 15-minute interval. In California it’s legal only if the system is neutral on average—that is, if it sometimes rounds up and sometimes rounds down in a way that balances out. If your employer’s system consistently rounds down (to your detriment), that’s wage theft. To spot it, compare your time records with your pay stubs over a period of several weeks. If they always round down, there’s a pattern of violation. Call 1-888-442-2642.
Am I entitled to overtime if I’m a “salaried” employee?
It depends on whether you meet the requirements to be exempt. In California, salaried employees are exempt from overtime only if: they earn at least twice the monthly minimum wage, AND they spend more than 50% of their time on executive, administrative, or professional work under specific definitions. Many employers misclassify employees as “exempt salaried” when they don’t actually meet these requirements. If you earn a fixed salary but your duties are mainly manual or service work, you likely have a right to overtime. Call 1-888-442-2642.
Can I claim overtime from several previous years?
Yes—and this is crucial to understand. If your employer hasn’t paid your overtime correctly for 3 years, you can claim the full 3 years. Under California’s UCL law, you can go back up to 4 years. That means stolen wages add up—if you worked 5 unpaid overtime hours per week for 3 years at $20/hour, that’s about $15,600 in overtime alone, plus penalties, plus interest. The actual calculation in your case can be significant. A free evaluation can give you a concrete number. Call 1-888-442-2642.
How long do I have to sue my employer in California?
For wage theft: 3 years (4 under UCL). For discrimination and harassment under FEHA: 3 years. For retaliation: 3 years. For PAGA: 1 year. Act quickly—every month that passes is a lost claim period. Call 1-888-442-2642.
How much does it cost to hire Liberation Law Group?
Nothing upfront. Pure contingency. We only get paid if we win. In successful FEHA cases, the employer pays the worker’s attorney’s fees. The initial consultation is completely free. Call 1-888-442-2642.
Can my employer retaliate against me for contacting a lawyer?
No. Retaliation is illegal and adds compensation to the case. Many workers are more protected after starting the legal process. Read about workplace retaliation in California. Call 1-888-442-2642.
Call 1-888-442-2642 or complete our free form. In Spanish, free of charge, 24/7.
Liberation Law Group — Attorneys for Workers 24/7
2760 Mission Street, 2nd Floor, San Francisco, CA 94110
1-888-442-2642
Free Consultation in English or Spanish — No Obligation — No Fee Until We Win
