Unpaid Overtime
Non-exempt employees entitled to premium pay for overtime hours actually worked.
In plain terms
If you were truly non-exempt, California generally requires extra pay when daily or weekly hours cross legal thresholds. Disputes usually turn on how many hours you actually worked—including off-the-clock tasks—and whether an overtime exemption honestly fits your real duties and pay structure, not just your title. When employers claim an exemption, they typically need evidence about how you spent your day, not a generic job description.
Legal authority
California gives non-exempt workers a direct path to court for unpaid overtime. Labor Code section 1194, subdivision (a) provides that an employee who received less than the legal minimum wage or legal overtime compensation may recover the unpaid balance in a civil action—including interest, reasonable attorney’s fees, and costs of suit— notwithstanding any agreement to work for a lesser wage.
“Notwithstanding any agreement to work for a lesser wage, any employee receiving less than the legal minimum wage or the legal overtime compensation applicable to the employee is entitled to recover in a civil action the unpaid balance of the full amount of this minimum wage or overtime compensation, including interest thereon, reasonable attorney’s fees, and costs of suit.” (Lab. Code, § 1194, subd. (a))
For off-the-clock work, employer liability turns on notice. The California Supreme Court explained in Brinker Restaurant Corp. v. Superior Court () 53 Cal.4th 1004, 1052 that an employer is liable when it knew or should have known that off-the-clock work was occurring. That standard matters when managers pressure you to clock out but keep working, when time records are edited, or when unpaid pre- and post-shift tasks were part of the job.
California also requires double time on long shifts. Labor Code section 510 mandates premium pay when hours stack up in a single workday—not just time-and-a-half after eight hours, but twice the regular rate for hours beyond twelve in one day.
“Any work in excess of 12 hours in one day shall be compensated at the rate of no less than twice the regular rate of pay for an employee.” (Lab. Code, § 510)
If you worked a thirteen- or fourteen-hour shift but were paid straight time—or only time-and-a-half—for every hour after eight, you may be owed the higher double-time rate for each hour over twelve.
Related: Wage & Hour · Misclassification · Wage & Hour Calculator