In your state
Unpaid overtime in California: daily overtime, double time and how to file a wage claim
Key points
- Who
- Most non-exempt employees working in California.
- Money
- Time and a half after 8 hours in a workday or 40 in a workweek; double time after 12 hours in a workday.
- Deadline
- 3 years to file a wage claim for unpaid overtime or minimum wage.
- Official
- File with the California Labor Commissioner's Office: online, by email, by mail or in person.
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California counts overtime by the day, not only by the week. Federal law pays overtime only after 40 hours in a workweek. California adds daily overtime and double time, so a worker can be owed overtime even in a week under 40 hours.
For example, three 12-hour days make a 36-hour week, but in California each of those days includes 4 hours of overtime: 12 overtime hours in a week that federal law would not count at all.
California compared with federal law
| Rule | Federal (FLSA) | California |
|---|---|---|
| Daily overtime | None | 1.5× after 8 hours in a workday, up to 12 Cal. Lab. Code § 510(a) |
| Weekly overtime | 1.5× after 40 hours 29 U.S.C. § 207(a)(1) | 1.5× after 40 hours Cal. Lab. Code § 510(a) |
| Double time | None | 2× after 12 hours in a workday Cal. Lab. Code § 510(a) |
| Seventh day in a row | No special rule | 1.5× for the first 8 hours, 2× after 8 Cal. Lab. Code § 510(a) |
| Minimum wage | $7.25 an hour | Higher than the federal rate |
| Where to complain | U.S. Department of Labor | California Labor Commissioner's Office |
When both federal and California rules apply, the one that pays you more generally applies.
How long do I have to file a wage claim in California?
| Claim | Deadline to file |
|---|---|
| Minimum wage, overtime, rest and meal breaks, sick leave, illegal deductions, unpaid reimbursements | 3 years |
| A written contract | 4 years |
| An oral promise to pay more than minimum wage | 2 years |
| Penalties for a bounced check or no access to payroll records | 1 year |
How to file a wage claim in California, step by step
- Count your hours day by day. Note every workday over 8 hours, every day over 12, and any seventh day in a row.
- Gather your records. Pay stubs, your own notes of hours, schedules and messages about your hours.
- File with the Labor Commissioner's Office. Online, by email, by mail or in person.
- Keep a copy. Keep a copy of what you filed and the date you filed it.
Can I handle this on my own, or do I need a lawyer?
Many workers file a wage claim on their own. If a lot of money is at stake, you were fired or punished for complaining, or you are not sure whether you are exempt, talk to an employment lawyer or a legal aid office.
Common questions
Does California pay overtime after 8 hours a day?
Yes. California requires one and a half times the regular rate for hours over 8 in a workday, up to 12, and for hours over 40 in a workweek.
When do I get double time in California?
For hours over 12 in a workday, and for hours over 8 on the seventh consecutive day of work in a workweek.
How long do I have to file an overtime claim in California?
Three years for overtime and minimum wage claims filed with the Labor Commissioner's Office.
Official sources
- California Department of Industrial Relations: Overtime dir.ca.gov
- California Labor Commissioner's Office: How to file a wage claim dir.ca.gov
- U.S. Department of Labor: Wages and the Fair Labor Standards Act dol.gov
- U.S. Department of Labor: State minimum wage laws dol.gov
- California Labor Code § 510: overtime, double time and the seventh day leginfo.legislature.ca.gov
- 29 U.S.C. § 207: maximum hours (FLSA overtime) govinfo.gov
The federal rule for every state: Unpaid overtime and wages: your rights
Related
This page explains the law in general terms. It is not legal advice about your situation. Justice is not a law firm and is not affiliated with any court or government agency.