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California Overtime Laws

California has some of the strongest worker protection laws in the nation. When your employer steals your wagesβ€”whether through unpaid daily overtime, missed breaks, or off-the-clock workβ€”we fight back.

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Calculate Your Unpaid Overtime

Get an estimate of what you're owed in just 60 seconds. This calculator is based on federal FLSA laws and includes liquidated damages (double your unpaid wages).

How Are You Paid?

$ /hour
hours
Must be your *paid* hours (can be under 40)
weeks
Default is 1 year (52 weeks). Adjust if different.

Did You Perform Work Off-the-Clock?

This includes work before/after shifts, during breaks, or from home that wasn't recorded or paid.

This calculation is an estimate based on applicable labor laws. Your actual recovery may vary based on state laws and specific circumstances.

California vs. Federal Overtime Laws

πŸ”‘ Key Advantage: Daily Overtime & Double Time

Unlike most states, California requires overtime pay for any hours worked over 8 in a single day, not just 40 in a week. You also earn Double Time for hours over 12 in a day.

Protection California Law Federal Law
Daily Overtime After 8 hours/day Not required
Double Time After 12 hours/day Not required
Minimum Wage $16.90/hour $7.25/hour
Tipped Wage $16.90/hour (No Tip Credit) $2.13/hour
Meal Breaks Required + Penalties Not required
Exempt Salary Threshold $70,304/year ($1,352/week) $35,568/year ($684/week)

Key California Employment Rules

Daily Overtime Rules

Overtime (1.5x): Required > 8 hours in a day OR > 40 hours in a week.

Double Time (2x): Required > 12 hours in a single day or > 8 hours on 7th consecutive day.

Meal & Rest Break Penalties

Meal Breaks: 30-min unpaid break required after 5 hours.

Rest Breaks: 10-min paid break required every 4 hours.

Penalty: Employer owes 1 HOUR of pay for each missed break.

Waiting Time Penalties

Final Pay: Due immediately (fired) or within 72h (quit).

Penalty: If late, you earn a full day's wages for every day it's late, up to 30 days.

Reporting Time Pay

If you show up for work but are sent home early (or given no work), you must be paid for at least half your scheduled shift (minimum 2 hours).

Reimbursement

Employers must reimburse you for all necessary business expenses, including tools, uniforms, personal cell phone use, and mileage.

Misclassification

California uses the strict "ABC Test." Most gig workers and "independent contractors" are actually employees entitled to benefits and overtime.

Common California Wage Violations

πŸ’» Technology & Startups

Rampant in Silicon Valley, SF, and Silicon Beach:

  • Misclassification: Labeling IT staff/QA as "exempt" managers
  • Unpaid "Crunch Time" overtime
  • Equity used to hide sub-minimum wages

πŸ₯ Healthcare

Nurses, CNAs, and Home Health Aides:

  • Working through meal breaks (Automatic deductions)
  • Unpaid travel time between patients
  • 12-hour shift alternative workweek calculation errors

🍽️ Restaurant & Hospitality

Servers, Cooks, and Hotel Staff:

  • Split Shift Premiums unpaid
  • Reporting Time Pay violations
  • Off-clock closing duties
  • Illegal tip pooling

πŸ—οΈ Construction

Commercial and Residential projects:

  • Unpaid travel time in company vehicle
  • Bring-your-own-tool reimbursement failures
  • General Contractor liability for sub-contractor wages

🌾 Agriculture

Field workers and processing:

  • Piece-rate workers not paid for rest breaks
  • Heat illness recovery periods unpaid
  • Housing cost deduction disputes

πŸ“¦ Retail

Store managers and associates:

  • Security check time (Bag checks) unpaid
  • "Assistant Managers" misclassified as exempt
  • Changing schedule without notice

What You Can Recover

California Labor Code Penalties

πŸ’° Unpaid Wages & Premium Pay

Recover all unpaid hourly wages, overtime (1.5x), and double time (2.0x), typically going back 3-4 years.

⏲️ Waiting Time Penalties

If you left your job and weren't paid in full, you can recover a full day of wages for every day it was late (up to 30 days).

🍱 Meal & Rest Break Premiums

Recover 1 hour of pay for every day you missed a meal break, and another hour for missed rest breaks.

πŸ“‹ Interest & Attorney Fees

You are entitled to pre-judgment interest (10% per year) and your employer must pay your legal fees if you win.

Why California Cases Are Stronger

California has the strongest worker protection laws in the United States, providing significantly higher recoveries and more protections than federal FLSA alone.

⏰
Daily Overtime
Time-and-a-half after 8 hours in a single day (not available under federal law)
⚑
Double Time Pay
2Γ— pay after 12 hours/day or 8 hours on 7th day (CA-only benefit)
πŸ“…
4-Year Lookback
3-4 year statute via UCL vs 2-3 years federal (33-100% more recovery)
🍱
Meal & Rest Premiums
1 hour of pay for each missed break (not available under federal law)
⏳
Waiting Time Penalties
Up to 30 days of wages if final paycheck delayed (CA-only)
🚫
Strict ABC Test
Presumption of employee status makes misclassification harder

πŸ’° California workers often recover 2-3Γ— more than federal law alone

Daily overtime + meal breaks + waiting time penalties = significantly higher damages

Nationwide California Wage Recovery Team

While Paul M. Botros is licensed in Texas and Florida, we successfully help California workers recover unpaid wages through our network of skilled California attorneys. We partner with experienced local counsel or obtain special admission (pro hac vice) to ensure you get both specialized wage and hour expertise and local court advantage.

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California
Labor Code Experts
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Frequently Asked Questions

When does daily overtime start in California?

You are entitled to 1.5x pay after 8 hours in a day and Double Time (2x) after 12 hours.

What is the penalty for a missed lunch break in California?

Employers owe you one additional hour of pay for every workday that a compliant 30-minute meal break is not provided.

What is the 2026 minimum wage in California?

The statewide minimum wage is $16.90 per hour for all employers.

How many years back can I sue for wages in California?

Most claims go back 3 years, but using the Unfair Competition Law (UCL) can extend recovery to 4 years.

What is the salary threshold to be exempt in CA for 2026?

You must earn at least $70,304 per year ($1,352.00/week) to be exempt from overtime.

What is the "Waiting Time Penalty" in California?

If an employer is late with your final check, they may owe you a full day's pay for every day it's late, up to 30 days.

Does California allow a tip credit?

No. California prohibits tip credits. You must receive the full $16.90 minimum wage plus all your tips.

What is the ABC test for misclassification in California?

Under AB5, workers are presumed employees unless the business proves they are independent, do outside work, and have an independent trade.

Get Your Free Case Evaluation

Expert legal review of your overtime claim. No fees unless we win. Use the calculator above to estimate your recovery, then contact us for a detailed case analysis.

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