Overtime Pay Lawyer in Irvine
Irvine workers’ advocate for unpaid overtime and misclassification violations.
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Irvine is a hub for technology, healthcare, education, finance, and retail. Workers in this dynamic Orange County city often put in long hours but many are not paid the overtime wages they have earned. Setareh Law Group has represented California employees for over 25 years, holding employers accountable when they violate California overtime laws by misclassifying workers, denying overtime pay, or forcing employees to work off the clock.
If your employer has denied you overtime pay, misclassified you as exempt, required you to work off the clock, or failed to pay for all hours worked, you have legal rights. This page explains how overtime pay claims work in Irvine, what deadlines apply, and how Setareh Law Group can help you recover the wages you are owed.
Key Information for Irvine Workers Seeking Overtime Pay
- Most common overtime violations in Irvine: misclassification of tech workers, off the clock work in retail, and unpaid overtime in healthcare.
- Where cases are filed: Orange County Superior Court Central Justice Center, 700 Civic Center Dr W, Santa Ana, CA 92701.
- Statute of limitations for overtime claims: Three years for unpaid wages under California Code of Civil Procedure § 338 , four years for penalties under Business & Professions Code § 17208 .
Our Office Location Serving Irvine Remotely
Our law office is located in Beverly Hills at 420 N Camden Dr, Beverly Hills, CA 90210, approximately 45 miles from Irvine. We represent Irvine workers through phone, video conferencing, and in‑person meetings at the Orange County Superior Court (Central Justice Center) or by appointment. We serve all of California from this single physical office.
Firm Background at a Glance
Setareh Law Group is an employment law firm founded in 1999 by Chaim Shaun Setareh (California Bar Number 204514), headquartered at 420 N Camden Dr, Beverly Hills, CA 90210, representing employees throughout California in overtime pay violations, wage theft, misclassification, meal break claims, and other wage and hour cases. You can verify his bar status through the State Bar of California attorney search.
Major Employers in Irvine
Employer | Industry | Irvine Area Employees |
University of California Irvine | Education / Healthcare | 30,000+ |
Blizzard Entertainment | Technology / Gaming | 2,500+ |
Edwards Lifesciences | Medical Devices | 5,000+ |
Amazon Irvine | Logistics | 3,000+ |
Capital Group | Financial Services | 2,000+ |
When Are You Entitled to Overtime Pay in Irvine?
California has some of the strongest overtime laws in the country. Most employees are entitled to overtime pay when they work more than certain hours in a day or week. The California Labor Commissioner’s Office (DLSE) enforces these laws.
California overtime rules for non exempt employees
- Overtime pay at 1.5 times the regular rate for all hours worked over 8 in a workday
- Overtime pay at 1.5 times the regular rate for all hours worked over 40 in a workweek
- Double time pay at 2 times the regular rate for all hours worked over 12 in a workday
- Double time pay at 2 times the regular rate for all hours worked over 8 on the seventh consecutive day of work
Example of overtime calculation
If your regular hourly rate is 20perhour,overtimehoursarepaidat
20perhour,overtimehoursarepaidat30 per hour. Double time hours are paid at $40 per hour. An overtime pay lawyer in Irvine can help you calculate what you are owed.
Common Reasons for Overtime Disputes in Irvine
Irvine workers face many types of overtime violations. Recognizing these violations is the first step toward recovering your unpaid wages.
Misclassification as exempt
Many employers wrongly classify employees as exempt from overtime. Computer professionals, administrative workers, and managers are often misclassified. To be exempt, an employee must meet specific salary and duties tests. If you are misclassified, you may be owed years of back overtime pay.
Off the clock work
Employers may require you to clock out but continue working. This includes answering emails after hours, staying late to finish tasks, or attending meetings off the clock. All time worked must be paid.
Unpaid pre shift and post shift work
Employers may require you to arrive early for shift meetings, log into computers, or don protective gear without pay. These activities are work and must be paid.
Failure to pay for short breaks
Some employers do not pay for short breaks under 20 minutes. California law requires that all rest breaks be paid. If your employer deducts time for short breaks, that is an overtime violation.
Rounding time punches
Employers may round time punches down to avoid paying for partial hours. While some rounding is permitted, rounding that consistently favors the employer is illegal.
An overtime pay lawyer in Irvine can help you identify these violations in your workplace. For more information, see our unpaid overtime lawyer and wage and hour lawyers pages.
Employees Exempt From Overtime Compensation
Not all employees are entitled to overtime. California law has specific exemptions that employers must prove apply to each employee.
Common exemptions under California law
- Executive exemption for managers who supervise at least two employees and have hiring and firing authority
- Administrative exemption for employees who perform office work directly related to management policies
- Professional exemption for licensed professionals like doctors, lawyers, and architects
- Computer professional exemption for certain software engineers meeting a salary threshold
- Outside sales exemption for employees who spend most of their time selling away from the employer’s workplace
What employers get wrong about exemptions
- Job titles do not determine exemption status. An employee called a manager may not actually supervise anyone.
- Salary alone does not determine exemption. The employee must also perform exempt duties.
- Employers cannot simply declare an employee exempt. They must prove the exemption applies.
If your employer claims you are exempt but you perform non‑exempt work, you may be owed unpaid overtime. An overtime pay lawyer in Irvine can review your situation. See our salary employee laws in California page.
How Does an Overtime Claim Typically Work?
The process for pursuing an overtime claim involves several steps. An overtime pay lawyer in Irvine can handle every step for you.
Step 1: Free consultation
Your lawyer reviews your situation, calculates potential unpaid wages, and advises you on whether you have a viable claim.
Step 2: Evidence gathering
Your lawyer gathers pay stubs, time records, emails, and other evidence showing your hours and pay. Employee testimony is also important.
Step 3: Demand letter
Your lawyer sends a demand letter to your employer requesting payment of unpaid overtime. Many cases settle at this stage.
Step 4: Filing a claim or lawsuit
If the employer refuses to pay, your lawyer may file a wage claim with the Labor Commissioner or a lawsuit in court.
Step 5: Discovery and negotiation
Both sides exchange evidence. Your lawyer negotiates for a fair settlement. Most overtime cases settle before trial.
Step 6: Trial or arbitration
If settlement is not possible, your lawyer takes your case to trial or arbitration to recover your unpaid wages.
What Should You Do If Your Employer Is Not Paying You Correctly?
If you believe your employer is violating overtime laws, taking certain steps can help protect your legal rights.
Steps to take if you are not receiving overtime pay
- Document your hours. Keep your own record of start times, end times, and breaks. Do not rely only on employer records.
- Save all pay stubs. Pay stubs show your hours, rates, and whether overtime was paid.
- Save communications. Keep emails or texts about schedules, overtime approval, or time off.
- Report the violation. Tell your supervisor or HR in writing that you are not being paid overtime. Keep a copy.
- Contact an overtime pay lawyer in Irvine for a free consultation.
Do not wait to contact a lawyer. Evidence disappears and deadlines pass. See our what evidence do I need to sue my employer page.
How Are Overtime Cases Funded?
Many workers worry about the cost of hiring a lawyer. Overtime cases are typically handled on a contingency fee basis.
Contingency fee explained
- You pay nothing upfront
- Your lawyer only gets paid if you recover unpaid wages
- The fee is a percentage of the amount recovered
- If you do not recover anything, you owe nothing
This arrangement allows all workers to pursue overtime claims regardless of their financial situation. Read about the benefits of hiring an employment lawyer .
Statute of Limitations for Overtime Claims
Overtime claims have strict deadlines. Missing your deadline permanently bars you from recovering unpaid wages. The Economic Policy Institute’s research on wage theft enforcement highlights how delays in filing claims can cost workers thousands of dollars in recoverable wages.
Statute of limitations for overtime claims
- Unpaid wages including overtime: 3 years under California Code of Civil Procedure Section 338
- Waiting time penalties for late final paychecks: up to 30 days of pay
- Penalties under the Unfair Competition Law: 4 years
- Federal Fair Labor Standards Act (FLSA) claims: 2 years for most violations, 3 years for willful violations
Do not wait to contact an overtime pay lawyer in Irvine. Evidence disappears and deadlines pass quickly.
What Damages Can You Recover in an Overtime Case?
California law allows workers to recover significant damages when employers violate overtime laws.
Types of compensation available
- Unpaid overtime wages at 1.5 or 2 times your regular rate for all overtime hours worked
- Unpaid minimum wage if your effective hourly rate fell below minimum wage
- Waiting time penalties of up to 30 days of pay if your final paycheck was late
- Meal break penalties of one hour of pay for each missed meal break
- Rest break penalties of one hour of pay for each missed rest break
- Attorney fees and court costs which your employer pays if you win
- Interest on unpaid wages
Setareh Law Group has recovered over one billion dollars for California workers, including millions in overtime pay and wage and hour cases. See our unpaid overtime lawyer and best unpaid overtime lawyers in California pages.
Local Resources for Overtime Claims in Irvine
Fact 1 The Orange County Superior Court Central Justice Center at 700 Civic Center Dr W, Santa Ana, CA 92701 handles civil wage and hour cases for Irvine and all of Orange County.
Fact 2 The nearest DLSE Labor Commissioner office for Irvine workers is located at 28 Civic Center Plaza, Room 625, Santa Ana, CA 92701. This office investigates wage claims and issues citations. You can also file a California labor board complaint .
Fact 3 Irvine has a large technology and professional services workforce with over 100,000 workers in these sectors. These industries have higher than average rates of misclassification and overtime violations.
Why Choose Setareh Law Group for Your Irvine Overtime Case
- Over one billion dollars recovered for California workers since 1999, including overtime pay, wage theft, and misclassification cases.
- 25 plus years of employment law experience. Founding attorney Chaim Shaun Setareh (Bar Number 204514) has practiced exclusively in employment law since 1999.
- Recognized by Super Lawyers, Best Lawyers, and CAALA.
- Licensed in all California federal courts, including the Central District of California which covers Irvine.
- Spanish speaking staff available. Hablamos Español.
- Contingency fee means you pay nothing upfront. We only get paid if we win or settle your case.
Areas We Serve Across California
Counties: Los Angeles | Orange County | San Diego | Riverside | San Bernardino | Ventura | Santa Barbara | San Francisco | Alameda | Contra Costa | Sacramento | San Joaquin | Fresno | Kern | Stanislaus | Tulare | Monterey | Santa Clara | and every other county in the state.
Cities: Los Angeles, Long Beach, Glendale, Pasadena, Irvine, Anaheim, Riverside, San Bernardino, Ontario, San Diego, Chula Vista, Oceanside, Escondido, San Francisco, Oakland, San Jose, Fremont, Sacramento, Bakersfield, Stockton, and hundreds more.
FAQ's: Overtime Pay in Irvine
What qualifies as overtime in California?
Overtime is any time worked over 8 hours in a day or 40 hours in a week at 1.5 times pay. Double time is time worked over 12 hours in a day or over 8 hours on the seventh consecutive day.
How do I file an overtime claim in California?
You can file a wage claim with the Labor Commissioner or file a lawsuit in court. An overtime pay lawyer in Irvine can help you choose the best option.
Can I be fired for asking about overtime pay?
No. Retaliation for asking about overtime pay is illegal. If your employer fires you for asking about overtime, you have a retaliation claim.
What should I do if my employer is not paying me overtime?
Document your hours, save your pay stubs, and contact an overtime pay lawyer in Irvine for a free consultation.
How much does it cost to hire an overtime pay lawyer?
Setareh Law Group works on contingency. You pay nothing upfront. We only get paid if we recover your unpaid wages.
What evidence do I need for an overtime claim?
Pay stubs, time records, emails, and any other documentation of your hours and pay. Your lawyer can help you gather evidence.
Does Setareh Law Group meet clients in Irvine?
Yes we do. By phone, video, or in person at the Central Justice Center or by appointment.
Take the Next Step
Contact us today:
📞 Phone: 310-888-7771
✉️ Email: help@setarehlaw.com
🌐 Address: 420 N Camden Dr, Beverly Hills CA, 90210
Disclaimer: This information is provided for educational purposes and does not constitute legal advice. Each case is unique, and outcomes depend on specific facts and circumstances. Consult with a qualified California employment attorney to discuss your individual situation.
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