Best Unpaid overtime lawyer in California
Worked extra hours but never saw the extra pay? You might be a victim of wage theft. In California, the laws governing Unpaid overtime pay are some of the most protective for employees in the entire country. Yet, every single week, thousands of workers in Los Angeles, San Diego, and every corner of the Cali state are illegally denied the overtime wages they have rightfully earned. This isn’t just an oversight but a calculated business decision that pads a company’s bottom line at your expense.
At Setareh Law, our dedicated unpaid overtime lawyers have recovered over $200 million for hardworking people just like you. We understand the complex tactics employers use to avoid paying fair wages, from misclassifying employees to altering timecards. As an expert employment lawyer team, we are committed to fighting for Your Right to Fair Pay. To identify if you have a claim for unpaid wages and show you how to take action to recover every dollar you are owed under California law, we are the people you can trust.
What are the California Overtime Laws
One of the most common misconceptions is that overtime rules are the same everywhere. They aren’t. While federal law, specifically the Fair Labor Standards Act (FLSA), sets a national baseline, California labor laws provide significantly greater protections for workers. It is critical to understand that your employer must follow the law that is most beneficial to you, which in almost all cases is California’s.
Under California’s overtime laws, you are entitled to increased overtime pay for long hours worked on both a daily and weekly basis. The rules are clear:
- Time-and-a-Half (1.5x) Your Regular Rate of Pay for:
- All hours worked over 8 in a single workday.
- All hours worked over 40 in a single workweek.
- The first 8 hours worked on the 7th consecutive day of a workweek.
- Double Time (2x) Your Regular Rate of Pay for:
- All hours worked over 12 in a single workday.
- All hours worked over 8 on the 7th consecutive day of a workweek.
This daily overtime provision is a distinction. Even if you work only 30 hours in a week, if 10 of those hours were on a single Tuesday, you are owed two hours of overtime pay for that day. Failing to pay this is a direct wage violation of state law.
Who Is Entitled to Overtime Pay in California?
The simple answer is: most employees. Under California law, workers are presumed to be classified as non-exempt employees, meaning they are entitled to overtime, meal and rest breaks, and the protection of the state minimum wage. If your employer claims you are not entitled to overtime, the burden is on them to prove you meet the strict criteria for an exemption.
This protection covers a vast range of professions where employers frequently attempt to cut corners on paying proper overtime wages. We regularly see valid claims from workers in roles such as:
- Retail and grocery store associates
- Restaurant staff, including servers, cooks, and bartenders
- Warehouse, fulfillment center, and logistics workers
- Construction and general laborers
- Security guards
- Delivery and rideshare drivers
- Call center and customer service representatives
- Healthcare workers, including CNAs, LVNs, and medical assistants
- Janitorial and maintenance staff
- Agricultural workers
- Intrastate truck drivers
- Hourly administrative assistants and office clerks
Even many salaried employees are misclassified. Simply receiving a salary does not automatically disqualify you from overtime. If your job duties don’t meet the strict exemption tests, you are owed overtime for your extra hours, and if your employer is creating overtime issues, you can contact our unpaid overtime lawyer for legal action.
Who Is Truly Exempt From Overtime in California?
Employers often misclassify workers as exempt employees to avoid paying overtime, hoping their staff doesn’t understand the law. To be legally exempt from overtime in California in 2025, an employee must meet all parts of a stringent three-part test:
- Salary Threshold Test: The employee must earn a minimum annual salary of at least $66,560. This amount is tied to the state minimum wage and increases regularly.
- Salary Basis Test: The employee must be paid a true, fixed salary that does not change based on the quantity or quality of work performed. Deducting pay for partial-day absences, for example, can invalidate an exemption.
- Duties Test: The employee’s primary job duties must fit into one of the narrowly defined exempt categories:
- Executive Exemption: The employee must primarily manage the business or a department, regularly direct the work of at least two other employees, and have the authority to hire or fire.
- Administrative Exemption: The employee’s primary duties must involve office or non-manual work directly related to management policies or general business operations, and they must regularly exercise discretion and independent judgment on significant matters.
- Professional Exemption: This applies to licensed professionals (like doctors or lawyers) or those in recognized creative/artistic fields.
If you are given a title like “manager” but spend over 50% of your time on non-exempt tasks like stocking shelves, running a cash register, or cleaning, the same work as hourly employees, you are likely misclassified and owed years of back pay. You can get in touch with our unpaid overtime lawyer to file unpaid overtime cases against the wage and hour violations you have faced.
Common Ways California Employers Cheat Workers Out of Overtime
Wage theft is a pervasive issue, and it takes many forms beyond simply refusing to pay. Employers use a variety of tactics to create illegal wage violations and deny employees their rightful earnings. Our expert attorneys have seen and defeated every one of these schemes:
- Misclassification: Illegally labeling a worker as an “exempt” salaried manager or an “independent contractor” to avoid overtime obligations.
- Off-the-Clock Work: Requiring or permitting employees to work before clocking in or after clocking out. This includes tasks like answering emails from home, pre-shift meetings, or post-shift cleaning.
- Automatic Meal Break Deductions: Automatically deducting 30 minutes for a meal break even when an employee was required to work through it.
- Illegal Time Clock Rounding: Using a rounding policy that consistently benefits the employer by shaving minutes off an employee’s recorded hours.
- Altering Time Records: Managers manually editing employee timecards to reduce the number of hours worked.
- Paying “Straight Time” for Overtime: Paying an employee their regular hourly rate for hours worked over eight in a day or 40 in a week, instead of the legally required 1.5x or 2x premium.
- Illegal “Comp Time”: Offering private-sector employees paid time off in a future week instead of paying overtime wages for the current week. This is illegal in California for non-government employers.
If any of these scenarios sound familiar, you may have a strong case for unpaid overtime. Contact our Unpaid overtime lawyer to file a wage disputes against your employer.
How Far Back Can You Recover Unpaid Overtime in California?
California law provides a specific window of time, known as the statute of limitations, for you to file a claim and recover unpaid wages. Acting quickly is crucial, as you lose the right to collect older wages with each passing day.
- Three Years: You can typically look back three years from the date you file your claim to recover unpaid overtime, interest, and other damages.
- Four Years: The look-back period can be extended to four years if your employer’s failure to pay was part of a breach of a written contract.
- Waiting Time Penalties: If you have already quit or been fired, you may be entitled to “waiting time penalties.” Your employer must pay you all of your final wages promptly. If they don’t, they can be penalized for up to 30 additional days of your regular wages.
- Additional Damages: On top of back wages, you may also be awarded interest, liquidated damages (which can double the amount you are owed), and attorney’s fees.
For an employee making $20 per hour who was denied 10 overtime hours per week, this could easily amount to a recovery of $30,000 to $80,000 or even more when penalties are included.
Real Examples of Unpaid Overtime Settlements & Verdicts (Setareh Law Cases)
Our results speak for themselves. We have successfully taken on some of the largest corporations in the country and won substantial recoveries for our clients. These cases often involve more than one employee, leading to a class action lawsuit where a group of workers with similar claims sue their employer together.
- $4.5 million settlement for misclassified assistant managers at a national retail chain.
- $2.8 million recovery for delivery drivers who were paid “per package” instead of an hourly wage plus overtime.
- $1.9 million settlement for security guards who were forced to perform duties off-the-clock.
- $1.2 million recovery for call-center employees subjected to automatic meal break deductions.
- Hundreds of individual recoveries ranging from $15,000 to over $150,000.
Whether your case is best suited as an individual or PAGA claim on behalf of the state, or a class action, our unpaid overtime lawyer team will evaluate every avenue to maximize your financial recovery.
Cities & Counties We Serve Throughout California
Our firm proudly represents workers across the entire state of California, from major metropolitan hubs to rural communities. We have extensive experience handling cases in Los Angeles County, Orange County, San Diego County, the Bay Area, the Central Valley, and beyond.
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.
Why Choose Setareh Law as Your California Unpaid Overtime Attorney?
When you are facing an employer over unpaid wages, you need a law firm with a proven record of success and the resources to go up against large corporations. Filing an overtime claim or wage claim can be complex, and Setareh Law has the experience unpaid overtime lawyer to navigate the process effectively.
- Over $200 Million Recovered: We have a long history of securing significant financial results for California workers.
- No Recovery, No Fee: You pay nothing out of pocket. We advance all costs and only get paid if you win.
- Expertise in California Labor Law: Our practice is dedicated to protecting employee rights, and we are experts in the nuances of California wage and hour laws.
- Proven Trial Attorneys: While many cases settle, we prepare every case as if it’s going to trial, putting maximum pressure on employers to pay what they owe.
- Bilingual Staff: We are proud to serve both English and Spanish-speaking communities (Hablamos Español).
- Confidential Evaluation: Your initial consultation is free and completely confidential.
Frequently Asked Questions
Q: I’m salaried. Can I still get overtime?
Absolutely. If you earn less than the 2025 threshold of $66,560 per year or your job duties do not meet the strict executive, administrative, or professional tests, you are owed overtime regardless of being paid a salary.
Q: My boss says “Salaried means no overtime.” Is that true?
This is one of the most common and costly myths in California employment law. Your job duties, not your job title or pay structure, determine your eligibility for overtime. Misclassification is illegal.
Q: I’m an independent contractor (1099). Do I get overtime?
Most likely, yes. California’s “ABC test” makes it very difficult for companies to classify workers as independent contractors. If the company controls how you perform your work, you are probably an employee entitled to overtime.
California’s ABC Test (from AB5) presumes you’re an employee unless the hiring company proves all three: (A) they don’t control how you work, (B) your work is outside their usual business, and (C) you run your own independent business with multiple clients.
Q: Will my employer fire me if I file a claim?
It is illegal for an employer to retaliate against you for asserting your right to be paid correctly. California has powerful anti-retaliation laws. If you are fired, demoted, or punished for filing a wage claim, you may have an additional legal claim against your employer.
Q: How much does it cost to hire an overtime lawyer?
There are no upfront costs. An experienced employment lawyer at our firm works on a contingency fee basis. This means we only get paid if we successfully recover money for you, and our fees are typically paid by the employer as part of the settlement or judgment.
Q: How do I calculate how much unpaid overtime I’m owed?
We do it for you for free. Generally, take your regular rate of pay × 1.5 for every hour over 8 in a day or 40 in a week, then × 2 for hours over 12 in a day or over 8 on the 7th day. Add in missed meal/rest break premiums ($1–$2 per violation per day) and waiting time penalties if you’ve already left the job. Many workers are shocked to learn they’re owed $25,000–$100,000+ after we run the numbers.
Q: Can I file an unpaid overtime claim if I still work for the company?
Yes, and we recommend it. We file most claims confidentially at first (often as “John Doe” or under seal) so your employer doesn’t know it’s you until settlement talks begin. Retaliation is illegal, and we’ve won six- and seven-figure retaliation verdicts when employers try it.
Q: I signed something saying I’m an independent contractor. Am I still owed overtime?
Almost certainly yes. Under California’s ABC test (Assembly Bill 5 & 2257), gig workers, delivery drivers, construction subs, dancers, and many others are employees, not contractors. If the company controls your schedule, provides tools, or dictates how you work, you’re an employee entitled to overtime, minimum wage, and expense reimbursement.
Q: My employer pays me “salary plus bonus/commission” and says no overtime. Is that legal?
Usually not. Non-discretionary bonuses and commissions must be included in your “regular rate” for overtime calculations. Paying a flat salary and then a bonus to “make up” for overtime is one of the most common violations we see, and one of the easiest to win.
Q: What if my manager told me to clock out and keep working?
That’s textbook wage theft and one of the strongest claims possible. California law says if you’re suffering or permitted to work, whether on or off the clock, you must be paid. We’ve recovered millions for workers who were told, “finish the job but clock out at 8 hours.”
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