California has robust overtime laws that should protect Los Angeles workers from working overtime without fair compensation. However, wage and hour violations are rampant in California. A 2024 survey by Harvard University found that 41 percent of California service industry workers reported experiencing serious pay time violations, including being denied overtime pay.

If you believe your employer has denied you overtime pay that is rightfully yours, you may have grounds for an overtime pay claim under California labor laws. An experienced AMG Law unpaid overtime lawyer can guide you through the confusing maze of federal and state regulations and help you understand your rights.

Schedule a free consultation with an employment attorney at Allred, Maroko & Goldberg today. Call 323-746-1853 or complete our confidential contact form to take the first step toward justice and fair compensation. 

California Law on Overtime Pay

Los Angeles workers are protected by California overtime laws for non-exempt employees. The provisions below apply to employees aged 18 and older. These laws also apply to 16- and 17-year-old workers if they are not required by law to be in school and are not legally prohibited from engaging in the work they are employed to do.

The general provisions of the California overtime law for non-exempt employees are:

• 8-hour working day: Employees must be paid a minimum of time and a half of their regular rate for any time worked beyond 8 hours, up to 12 hours, in a single workday.

• 40 hours a week: Overtime worked beyond 40 hours a week must be paid a minimum of time and a half of the regular rate of pay.

• Hours worked over 12 hours a day: Employees are entitled to at least double pay for hours worked beyond 12 hours in one day or 8 hours on the 7th consecutive day of work in a working week.

If your employer is not following these laws, you may have the right to file an unpaid overtime claim and seek compensation. An AMG Law overtime payment claim lawyer can listen to your story and advise whether a violation of labor laws has occurred. Working with an overtime lawyer could help you achieve maximum compensation for your unpaid overtime claim.

Calculating an Accurate Hourly Rate

A Los Angeles employee’s regular rate of pay is not the same as his or her hourly rate. As explained by the State of California Department of Industrial Relations (DIR), “the regular rate of pay includes a number of different kinds of remuneration, such as hourly earnings, salary, piecework earnings, and commissions. In no case may the regular rate of pay be less than the applicable minimum wage.”

Calculating your regular rate of pay can be challenging if you are paid on commission, by the piece, or at different rates during the working week. Nondiscretionary bonuses are also included in your rate of pay calculations.

It is also important to note that the minimum wage is higher in Los Angeles than it is in California in general. As of 2025, the minimum wage in the City of Los Angeles was $17.87, compared with $16.50 in California in general.

Unauthorized Overtime

An employer may try to avoid paying overtime by claiming it was unauthorized. California employers have the right to discipline employees for overtime violations, such as breaching a company’s overtime policy. However, an employer must still pay overtime hours worked, even if such hours were unauthorized.

This is because California law states that hours worked means “all the time the employee is suffered or permitted to work, whether or not required to do so.” In this context, “suffer or permit” means that the employer either knew the employee was working or should have known.

Employers are required to keep accurate time records. So unless an employee deliberately conceals overtime work from an employer, he or she is entitled to overtime pay.

Salaried Employees and Overtime

Salaried employees may be entitled to overtime. This depends on whether they are considered non-exempt or exempt employees under California law, as discussed below. If you are a non-exempt salaried employee, you are entitled to receive overtime pay based on an hourly rate calculated from your salary and other benefits you receive.

How Employment Classification Impacts Overtime Pay

Navigating federal and state labor laws to understand whether you have an overtime claim requires the legal skills of an experienced employment attorney. The situation can become even more complicated when an employer withholds overtime pay by misclassifying employees.

Non-exempt Employees

Non-exempt employees in Los Angeles receive the full benefits of California’s labor laws. This includes the right to the minimum wage, overtime pay, and meal and rest breaks.

A Los Angeles employer has the right to insist that an employee work overtime, unless there is a safety or medical reason not to, or it violates the employee’s contract. However, the employer must pay overtime pay at the employee’s regular rate.

Non-exempt employees are defined by their job duties and a salary ceiling of twice the minimum wage.

Many people working in the following roles are non-exempt employees:

• Retail staff

• Hospitality industry workers

• Janitorial roles

• Delivery drivers

• Construction workers

• Factory workers

Independent Contractors

A common way employers try to get around this is by claiming an employee is an independent contractor.

Independent contractors are not entitled to overtime pay, meal breaks, or the minimum wage. This way of working has many benefits for true independent contractors who work this way by choice. However, it is illegal for California employers to misclassify workers in order to avoid paying them overtime wages.

If you believe your employer is using this tactic to avoid paying overtime, discuss this with an AMG Law overtime payment claim lawyer and receive legal advice tailored to your situation.

Exempt Employees

As of 2025, exempt employees in California earn a minimum salary of $68,640 and generally work in executive, administrative, or professional roles. Under California law, exempt employees are not entitled to overtime pay or meal and rest breaks.

Adding to the complex picture of California labor law, other exemptions cover:

• State employees

• Outside salespersons

• Computer software field employees

• Certain types of drivers

If you believe you have been wrongly categorized as an exempt employee and are entitled to overtime pay, talk to an AMG Law attorney. Our attorneys will listen carefully to your story and advise you on which labor laws apply to you and whether you have the right to file an unpaid overtime claim.

Tactics Employers Use to Avoid Paying Overtime

Misclassifying employees is not the only tactic employers use to avoid overtime pay.

If you have been a victim of any of the following, talk to an AMG Law employment attorney to explore your legal options:

• Working off the clock: An employer may require you to perform work-related tasks outside your regular hours and refuse to document them or instruct you not to log them.

• Averaging your hours: If you work 55 hours one week, your employer may try to schedule you for 25 hours the following week in order to “average” your work week. However, California law applies to individual work weeks, not averages.

• Comp time: To avoid paying overtime for hours worked beyond the 8-hour workday, your employer may give you time off on another day. This also violates labor laws, which are usually based on an 8-hour workday.

Emotional Pressure

Additionally, employers may use excuses or emotional pressure to not record hours worked accurately so as to avoid paying overtime. An employer may say the company is going through a tough time and that everybody needs to play their part by working overtime without pay. Whatever excuses they make, this is illegal. You may be entitled to file a wage and hour claim.

Fear of Retaliation

Some Los Angeles employees may hold off asking for overtime pay because they fear losing their jobs, being demoted, or being assigned worse working conditions. This is illegal, and hiring legal representation may help.

With an AMG Law employment attorney representing you, your employer may be less likely to try to retaliate, knowing this could lead to further legal action. If we agree to represent you, our attorneys will handle all aspects of negotiations and litigation, putting distance between you and your employer.

Why You Need a Los Angeles Overtime Payment Claim Lawyer

You can indeed file a wage and hour claim yourself without legal representation. However, working with an experienced unpaid overtime lawyer has many advantages:

• Legal guidance: California and federal labor laws are a labyrinth of exemptions and caveats. Allred, Maroko & Goldberg’s employment attorneys have years of experience navigating these laws and building strong cases for fair compensation.

• Pursue multiple avenues: An overtime payment claim lawyer can pursue multiple avenues for recovery, including negotiating with your employer directly, filing a wage and hour claim through the Labor Commissioner, or civil litigation if negotiations are not successful.

• Statute of limitations: Under California law, you must file unpaid overtime claims within 3 years. An employer lawyer can help you gather the evidence you need and file the claim in time if you act fast.

Experience Allred, Maroko & Goldberg’s Fighting Spirit

Being denied overtime pay is an injustice that can have a devastating impact on your working life and family. At Allred, Maroko & Goldberg, we have seen the effect the actions of unscrupulous Los Angeles employers have on hardworking Californians time and time again. We are passionate advocates for those unfairly denied their rightful wages and are ready to hear your story.

With a history of fighting for California workers stretching back almost 50 years, we have built an outstanding track record of success. Our aggressive and relentless approach has helped us recover over $1 billion for our clients. Are you ready to discover the compensation you could receive?

Talk to an AMG Law overtime payment claim lawyer to determine whether you have a case. Call 323-746-1853 or contact us online and pursue the overtime compensation you deserve.