Los Angeles Unpaid Overtime Attorneys

Are You Owed Overtime Compensation? We Can Help.

You deserve full compensation for every hour you dedicate to your job. California labor laws strictly mandate overtime pay for non-exempt employees who work more than eight hours in a workday or forty hours in a workweek. Unfortunately, many companies ignore these regulations to increase their profits at your expense. If your paycheck fails to reflect the time you worked, your employer has violated your rights, and you should not wait to seek legal guidance.

At JCL Law Firm, APC, we are prepared to fight for employees throughout Los Angeles County and all of California who are seeking to recover unpaid overtime compensation. Our experienced labor and employment attorneys understand the nuances of state and federal wage laws and can hold non-compliant employers accountable for their actions. To that end, we have successfully recovered millions of dollars in back pay and penalties for overtime violations, and we have substantial experience assisting with class actions. We can review your time records, analyze your specific job duties, and pursue the compensation you deserve.

Our attorneys strive to exceed client expectations through attentive, effective, and results-driven representation backed by a deep knowledge of evolving case law and a trial-ready team. We understand how to effectively investigate wage and hour violations and can aggressively advocate for employees who are owed overtime pay. Our firm also takes these cases on a contingency basis, meaning you do not owe us any legal fees unless we help you secure compensation.

If you think your rights have been violated, call (619) 848-3368 or contact us online to schedule a free case evaluation with our Los Angeles unpaid overtime lawyers. We can meet with you virtually. Se habla español.

What Should I Be Paid for Overtime?

Under California law, you are entitled to overtime pay in several scenarios if you are a non-exempt employee. Exempt employees and independent contractors are not entitled to overtime compensation, but employers sometimes illegally misclassify workers to avoid this obligation. If you have been misclassified, you may be owed back pay for unpaid overtime.

You must be paid one-and-one-half times your regular rate of pay for:

Hours worked in excess of eight hours up to and including 12 hours in any single workday
Hours worked in excess of 40 hours in a single workweek
The first eight hours worked on the seventh consecutive day of work in a single workweek

You must be paid double your regular rate of pay for:

All hours worked in excess of 12 hours in any single workday
All hours worked in excess of eight hours on the seventh consecutive day of the workweek

Common Illegal Strategies Employees Use to Deny Overtime Pay

Companies frequently rely on a variety of unlawful tactics to withhold overtime compensation. Some of these strategies are subtle, making it sometimes challenging for workers to realize they are losing significant income. If you aren’t sure whether you are entitled to overtime pay, we are happy to clarify your rights and options as part of a complimentary case evaluation.

Employers may attempt to illegally deny overtime compensation by:

Misclassifying employees as "exempt.” Employers often give workers impressive titles like "Assistant Manager" or "Supervisor" to claim they are exempt from overtime laws. However, a job title alone does not determine your status. If your daily duties mostly involve the same tasks as the hourly employees that you supposedly supervise, or if you lack genuine authority to hire or fire, you are likely considered a non-exempt employee under the law and are thus owed overtime when applicable.
Misclassifying workers as independent contractors. Companies frequently attempt to bypass wage and hour laws entirely by misclassifying employees as independent contractors. If the company controls your hours, provides your equipment, and directs how you perform your work, they are likely misclassifying you to avoid paying overtime and payroll taxes, among other key benefits.
Demanding "off-the-clock" work. Supervisors sometimes expect employees to perform tasks before clocking in or after clocking out. This includes putting on safety gear, answering work emails from home, or cleaning up the workspace. The law generally considers these types of activities as compensable time. When employers refuse to record these minutes, they steal wages that may trigger overtime rates.
Averaging hours across two weeks. Some employers attempt to avoid overtime by averaging your hours over a pay period. For example, they might ask you to work 50 hours one week and 30 hours the next, claiming you averaged 40 hours. California law calculates overtime on a daily (over 8 hours) and weekly (over 40 hours) basis. An employer cannot use lighter weeks to offset heavier ones. They must pay for the overtime hours in the specific week you worked them.

Omitting bonuses from the regular rate of pay. Overtime pay must reflect one-and-one-half times your "regular rate of pay," not just your base hourly wage. When companies calculate your overtime rate, they frequently fail to include non-discretionary bonuses or commissions. By excluding these payments from the calculation, they artificially lower the overtime rate and underpay you for every overtime hour worked.
Requiring you to work during meal or rest breaks. California law requires employers to provide uninterrupted, off-duty meal and rest breaks to non-exempt employees. If your boss requires you to remain at your desk, answer phones, or stay available during your lunch or rest breaks, that time counts as hours worked. If this extra time spent working pushes your total daily hours past eight, it triggers overtime pay requirements that employers often ignore.

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Filed in Los Angeles on behalf of California based behavior health therapists for off the clock work.

Am I Still Entitled to Overtime Even If My Employer Has a Policy Forbidding It?

Employers sometimes believe that a written policy prohibiting unauthorized overtime shields them from issuing overtime compensation when applicable. This assumption is incorrect.

Under California law, if your employer knew or should have known you were working overtime hours, they must properly compensate you for that time, regardless of what their employee handbook states. Even if you failed to request prior approval, the law requires payment for all work you were “suffered or permitted” to perform. In practice, this means that if your supervisor accepts work completed during overtime hours, they incur the obligation to pay the applicable overtime pay rates.

However, you cannot intentionally conceal or try to prevent your employer from finding out about overtime work, only to request overtime compensation later. Your employer also has the right to discipline you for unauthorized overtime, but they must still issue the appropriate overtime compensation when the law obligates them to do so.

Can I Sign Away My Right to Overtime in California?

No. California law strictly prohibits employers from forcing you to waive your right to overtime pay. The Labor Code establishes these wage protections as a fundamental public policy that private contracts cannot override. Consequently, any agreement you signed, whether a formal employment contract or a casual acknowledgement, that attempts to forfeit your overtime rights is void and unenforceable in court. Our team at JCL Law Firm, APC can challenge these invalid stipulations and assert that your statutory protections remain intact, regardless of what you signed to secure the job.

If you think you may be owed unpaid overtime, our seasoned lawyers can help enforce your rights. Call (619) 848-3368 or contact us online to get started.

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