If your employer is not paying you for all the hours you work, a California wage and overtime lawyer can help you recover what you are owed. Abramson Labor Group represents employees, never employers, in claims for unpaid overtime, minimum wage, missed meal and rest breaks, and final pay. Our case reviews are free and confidential, and we work on contingency.
California’s overtime rules are stricter than federal law. Under Labor Code section 510, “eight hours of labor constitutes a day’s work,” and overtime is owed for work beyond that, even if you work fewer than 40 hours in the week. The Labor Commissioner’s overtime FAQ summarizes the rates.
| Hours worked | Pay rate |
|---|---|
| Over 8 hours in a workday, up to 12 | 1.5 times your regular rate |
| Over 40 hours in a workweek | 1.5 times your regular rate |
| First 8 hours on the seventh consecutive day of the workweek | 1.5 times your regular rate |
| Over 12 hours in a workday | 2 times your regular rate |
| Over 8 hours on the seventh consecutive day | 2 times your regular rate |
Overtime is owed whether or not your employer approved it. In the Labor Commissioner’s words, “California law requires that employers pay overtime, whether authorized or not.” Your employer can discipline you for breaking a policy, but it still has to pay for time it knew or should have known about (DIR overtime FAQ). Read more in can my employer force me to work overtime.
Wage theft is not always obvious on a pay stub. These are the problems we see most often.
The California minimum wage is $16.90 an hour as of January 1, 2026 (Department of Industrial Relations). Some cities set a higher local rate. An agreement to work for less does not waive your right to the legal minimum or to overtime (Labor Code section 1194(a)).
Being paid a salary does not by itself make you exempt from overtime. As of January 1, 2026, exempt employees generally must earn at least $70,304 a year (DIR), and the job duties must also qualify. Learn more in hourly vs. salary employees in California and what counts as full time in California.
Contractors are not owed overtime, so some employers label employees as contractors to avoid paying it. California uses a strict test to decide who is an employee. See what to do if you are misclassified as an independent contractor.
When an employer fails to provide a required meal or rest period, it owes you one additional hour of pay at your regular rate for each workday the break was missed (Labor Code section 226.7). Our guide to California meal and rest break requirements explains the timing rules.
If your employer does not pay all final wages on time when you quit or are fired, your wages continue “as a penalty from the due date thereof at the same rate until paid,” for up to 30 days (Labor Code section 203(a)). See California final paycheck law and what to do if your final paycheck is late.
Employers must reimburse necessary work expenses, including many remote-work costs. Read California remote work expenses.
An employee paid less than the legal minimum wage or overtime can recover “the unpaid balance of the full amount,” plus “interest thereon, reasonable attorney’s fees, and costs of suit” (Labor Code section 1194(a)). Missed breaks, late final pay, and pay stub errors can add penalties on top. When violations affect many workers, a claim may also be brought under the Private Attorneys General Act, explained in our PAGA claims article.
No. No one may “discharge an employee or in any manner discriminate, retaliate, or take any adverse action” against an employee for asserting wage rights, and action within 90 days of the complaint is presumed retaliatory (Labor Code section 98.6). Talking about pay with coworkers is protected too, explained in can you discuss wages with coworkers. See our retaliation page.
Deadlines depend on the type of claim. According to the Labor Commissioner, the general limits for a wage claim are:
| Type of claim | General deadline |
|---|---|
| Minimum wage, overtime, meal and rest breaks, illegal deductions, unpaid reimbursements | 3 years |
| Written contract | 4 years |
| Oral promise to pay more than minimum wage | 2 years |
Unpaid wages from older pay periods can drop out of reach as time passes, so it is worth having your pay records reviewed early. Our article on how long a wage claim takes in California explains the timeline.
Wage violations are common in hourly, shift-based work. We represent workers in restaurants, fast food, warehouses and fulfillment centers, hotels and hospitality, and construction.
We represent workers owed unpaid wages and overtime in Burbank, Glendale, Pasadena, and across Los Angeles County, and statewide through our California employment lawyers. In Los Angeles, see our Los Angeles unpaid overtime lawyer page.
We work on contingency, so you do not pay anything unless we win. The case evaluation is free. Our fee is a share of any recovery, and if there is no recovery, you owe no attorney fees.
No. Your right to minimum wage and overtime applies “notwithstanding any agreement to work for a lesser wage” (Labor Code section 1194(a)).
Possibly. If your salary is below the 2026 exempt minimum of $70,304 a year, or your duties do not meet an exemption, you may be owed overtime (DIR).
Keep your pay stubs, schedules, and your own notes of the hours you worked and breaks you missed. Write down dates while you remember them. Do not take confidential company files.
If you think you are owed wages or overtime, we can review your pay records and explain your options. Request your free case evaluation or call us at (213) 493-6300.
You do not pay ANYTHING unless we win!
Last updated: October 2026
This page is general information about California law, not legal advice. Every situation is different. For advice about your specific case, talk to a licensed California employment attorney.
Abramson Labor Group offers 100% risk free case evaluations. Fill out the form below or call us today!
Prefer to talk? (213) 493-6300
1700 W Burbank Blvd, Burbank, CA 91506