How To File a Claim for Unpaid Overtime in California? 2025

Did you work overtime for your employer, but your paycheck didn’t reflect your work? If so, you may be entitled to recover your unpaid wages. California has some of the most stringent employment laws in the country. These laws help to ensure safe and ethical workplaces that pay their workers fairly, including overtime. Therefore, if your employer breaches this duty, you should know how to file a claim for unpaid overtime in California.

Overtime Laws in California

There are approximately 19 million workers in California, 89% of whom work for either a salary or an hourly wage. While salaried employees are exempt from overtime pay, hourly employees are considered non-exempt and are, therefore, eligible to receive overtime. Exempt employees tend to work in executive, administrative, professional, outside sales, or computer-related professions, while non-exempt employees can work in a variety of industries.

A regular workweek in California is 8 hours a day, 40 hours a week, and 5 or 6 days a week, depending on the person’s schedule. Once an employee works more than 8 hours a day, up to 12 hours, they are entitled to receive 1.5 times their regular hourly rate. This rate also applies to the first eight hours of the seventh consecutive day working in a week.

For example, if a minimum wage employee worked 10 hours on Monday and 13 hours on Tuesday but a normal 8-hour shift for the remaining days in the five-day week, they would be entitled to receive 173.25 in overtime or (16.50 x 1.5) x 7. The minimum wage rate in California, as of 2025, is $16.50.

If an employee works more than 12 hours in a day, they are entitled to receive double their normal rate of pay. These laws apply to all 18-year-old and older non-exempt workers, regardless of their immigration status.

Steps for Filing a Claim for Unpaid Overtime in California

Employers attempt to avoid paying overtime wages in a variety of ways and for a number of reasons. Sometimes, an employer may fail to pay overtime because of clerical errors or other honest mistakes; other times, their actions are intentional. One of the most common ways an employer may get out of paying overtime is by purposely misclassifying their employees. For example, a full-time worker can be classified as a contractor or trainee. Another way is not to compensate for on-call time.

If your employer managed to avoid paying you for your hard-earned work, they should be held accountable. The first step is to file a claim with California’s Department of Labor Standards Enforcement (DLSE), also known as the Labor Commissioner’s Office (LCO). You can file your claim online, in person, or by mail. The remaining steps of the process are as follows:

• Gather all paperwork and documentation that can help you with your case. Oftentimes, this includes time sheets, pay stubs, payroll reports, and sometimes correspondence.
• Attend a conference with your employer called a settlement conference.
• Attend a hearing with a hearing officer in the LCO if your issues are not resolved at the conference.
• Either you or your employer may appeal the hearing officer’s decision, in which your case will go to court.

How a Lawyer Can Help

In 2021, the Labor Commissioner heard 19,000 complaints for wage theft or loss and recovered $221 million in unpaid wages between 2017 and 2020. This points to the fact that despite robust employment laws, wage theft is an issue in California. Moreover, sometimes, these complaints may include other labor code violations, and a lawyer may be needed to investigate and repair the issue.

A lawyer can help your unpaid overtime case in many ways. For example, they can help you collect your documentation, attend your hearing, and defend you in court if necessary. It may be tempting to try and battle your case alone; however, without knowledge of California’s labor codes, it could impede your chances of success.

FAQs About Unpaid Overtime Law in California

What Do You Do if Your Boss Doesn’t Pay You for Overtime?

If your boss doesn’t pay you for overtime, you should promptly file a claim with the Labor Commissioner’s Office. Next, you should consult with a lawyer to weigh your options, especially if your case is complex. Once you file your claim, you will have to navigate the rest of the process, which may include a hearing or even court proceedings if you are dissatisfied with the initial settlement offered.

Is Unpaid Overtime Legal in California?

No, unpaid overtime is illegal in California. All employers are required to pay fair wages to their employees, and not paying overtime is a gross violation of this requirement. Overtime may involve hours worked beyond the standard workweek, or the nonpayment of rest breaks when working overtime.

What Is the Average Settlement for Unpaid Overtime in California?

The average settlement for unpaid overtime in California varies by case. If you are a single employer attempting to recover unpaid wages, you may not receive a massive settlement; however, many employers have paid millions of dollars in unpaid wages in damages when multiple employees are impacted. In all, your settlement depends on the amount of unpaid wages, the duration of nonpayment, your evidence, and the skill of your lawyer.

What if Your Employer Doesn’t Pay You on Time in California?

If your employer doesn’t pay you on time in California, they are in violation of your labor rights. Specifically, they would have violated California Code 210. You must file a claim with the DLSE to report your employer, and they may be required to pay a fine, which is $100 per employee for the first late payment and $200 for subsequent late payments for each affected employee.

Experienced Unpaid Overtime Lawyers by Your Side

At the Law Offices of Corbett H. Williams, we are here to defend you and protect your rights as a California employee. You deserve to be paid on time and for every hour you have worked. Your employer should not get away with finding loopholes to circumvent fair employment laws. Contact us today to schedule a consultation.