What Are My Rights If I Don’t Get Paid Overtime?

Overtime pay isn’t a bonus or courtesy. When you work extra hours beyond standard thresholds, the law may require your employer to pay you premium wages. In California, overtime rights are stronger than in many states. Yet many workers, especially in more physically demanding trades and service roles, do not receive the overtime they rightly deserve because employers try to sidestep legal obligations. At The Gould Firm, we are committed to educating you about your rights and helping you enforce them when they are violated. 

We see this frequently in San Diego in industries such as construction, manufacturing, warehousing, hospitality, and logistics, where work beyond regular hours is the norm, but overtime is withheld. Employers often rely on confusion or fear to avoid liability. You should know that not getting properly paid overtime is illegal, and you don’t have to tolerate it.  Our goal is to help you understand your overtime rights, identify violations, and take action to recover the pay you’ve earned. 

What Is Overtime Pay, and Why Does It Matter 

Overtime pay is the additional wage rate you’re legally owed when you work hours beyond certain thresholds (daily or weekly), under state or federal law. Overtime ensures that employees are fairly compensated when their labor exceeds typical hours. 

Under the Fair Labor Standards Act (FLSA), which is a federal law, nonexempt workers generally are owed overtime pay (1.5× their regular rate) when they exceed 40 hours in a workweek. But California’s laws go further, under the California Labor Code and Industrial Welfare Commission (IWC) Wage Orders, overtime is triggered after 8 hours in a workday or 40 hours a week, and double time may apply in certain circumstances. Because California’s protections are more expansive, employers in your region cannot always hide behind federal limits. If your employer refuses to pay overtime, they may be violating both state and federal law. 

When your overtime is denied, you're not just losing extra pay. For many, this means falling behind in paying bills, supporting your family, and receiving fair compensation for your labor. It's a serious issue, not a minor inconvenience, and one we want to help support you in fighting. 

When Overtime Applies & Who Gets It 

Overtime in California applies to nonexempt employees, that is, workers who do not meet the legal requirements to be classified as exempt from overtime. To be considered exempt, an employee must typically meet specific tests related to their job duties, salary level, and independent judgment. If those criteria are not met, the worker is nonexempt and must be paid overtime for hours worked over 8 in a day or 40 in a week, as required by California labor law. 

The key thresholds for overtime under California law: 

• You must receive time and one‑half your regular rate for hours over 8 hours in one day or over 40 hours in one week.   
• On the seventh consecutive day of work in a week, you are entitled to time and one‑half for the first 8 hours, and double time for hours beyond 8. 
• If you work more than 12 hours in a single day, you may be owed double time for those extra hours.   
• When using an alternative workweek schedule (for example, four ten‑hour days), overtime may not apply until beyond the scheduled daily hours. However, California law still requires overtime beyond that schedule or beyond 40 hours. 

Who Qualifies for Overtime? 

You must be nonexempt (i.e., not exempt under specific job categories). Exempt categories include certain executive, administrative, professional, computer, and outside sales roles, if they meet strict tests.   

Even a salaried employee can be nonexempt and eligible for overtime if they do not meet the exemption criteria.   

Also, employers may not require you to waive overtime rights or misclassify you to avoid paying overtime. Workers misclassified as exempt may not even know their rights. 

Common Overtime Violations 

Below are standard methods employers use to avoid paying overtime. Recognizing them is your first step toward enforcing your rights. 

1. “Off-the-Clock” Work 

Workers are asked to start early, stay late, or perform tasks before clocking in or after clocking out (e.g., setup, cleaning, logging). Employers may say, “Don’t record that time.” That’s illegal. All time worked must be paid, even if not authorized.   

For example, a clothing store might require sales associates to arrive 15 minutes early to set up and stay 20 minutes after closing to clean up and restock. However, the employer only pays them for their scheduled shift hours (e.g., 9:00 AM to 5:00 PM), not for the extra time worked before and after. Over the course of a week, this unpaid time adds up to several hours, potentially pushing the employee over 40 hours, triggering unpaid overtime. This is considered an off-the-clock overtime violation because the employee is performing work-related duties without compensation, and the employer is failing to track and pay for all hours worked. 

2. Misclassifying as Exempt or Independent Contractor 

Some employers label you exempt (i.e., not eligible for overtime) or as a contractor, even when your duties, control, and pay structure show you should be nonexempt. These misclassifications deprive you of overtime rights.   

For instance, consider a startup that hires a full-time graphic designer and pays them a flat salary, claiming they are an exempt employee or an independent contractor to avoid paying overtime. The designer works 10–12-hour days, often late into the evening to meet tight deadlines. However, their job duties are mostly production-based, not managerial or executive, and they don’t meet the legal criteria for exemption. They also work under the company’s direct control, using company tools and on a fixed schedule, factors that indicate they are not truly an independent contractor either. By misclassifying the worker, the employer avoids paying required overtime wages, potentially violating California labor laws. The designer may be entitled to recover unpaid overtime, penalties, and benefits they were denied due to the misclassification. 

3. Underpaying Overtime (Using Incorrect Rate) 

Some employers compute overtime using base pay only, ignoring bonuses, shift differentials, or other nondiscretionary compensation that should be included in the “regular rate” calculation. That undercuts your overtime pay.   

4. Pretending Overtime is Comp Time 

Private employers cannot compensate for overtime hours by giving you time off instead of money. That “comp time” scheme is illegal.   

An example of this would be a hotel front desk clerk who regularly works more than 8 hours a day during busy seasons. Instead of paying overtime, the manager tells the employee they’ll receive “comp time” (paid time off later) for the extra hours worked. For instance, if a clerk works 10 hours in one day and is given the option to leave two hours early on another day, they will still only receive their regular hourly pay. This practice violates California law, which requires nonexempt employees to be paid overtime wages, not time off, for hours worked beyond daily or weekly limits.  

5. Pressuring to Misreport or Suppress Hours 

Some managers discourage employees from clocking overtime or encourage rounding down. They may threaten discipline. That is unlawful.   

6. Failure to Pay for Unauthorized Overtime 

Even if overtime wasn’t approved in advance, if the employer knew or should have known you worked it, they must pay. They cannot demand that you not record it after the fact. That’s called “suffered or permitted” work.   

7. Seventh Consecutive Day Violations 

When you work seven days in a row, your first 8 hours are paid time and one‑half, and hours beyond that are double time. Some employers ignore or misapply this rule.   

These tactics are widespread because many employers are aware that workers often hesitate to challenge them. But the law is on your side; if you have evidence, you may be owed significant back pay. 

Your Rights When You’re Not Receiving Overtime 

If your employer is failing to pay you overtime properly, here’s how your rights work: 

• You have the right to receive overtime pay for any hours you work beyond the legal thresholds (daily or weekly), unless your position legally qualifies as exempt. 
• Overtime must be calculated using your regular rate of pay, which may include base pay plus specific bonuses or premiums (when nondiscretionary). 
• You can’t waive your right to overtime. Any agreement to do so is invalid. 
• Employers must pay unauthorized overtime if they knew or should have known about the extra work. 
• Your employer cannot retaliate against you for asserting your rights, complaining, or bringing a claim. 
• You may file a wage claim, civil suit, or class action, depending on your case. 

Because various deadlines and notice requirements apply, do not delay. You should reach out to The Gould Firm early to protect your rights and preserve evidence. 

We help by: 

• Evaluating whether your role is exempt or nonexempt 
• Reviewing your pay stubs, hours worked, tasks, and compensation mix 
• Calculating how much overtime you may be owed 
• Filing the correct claim (state or federal) before deadlines 
• Negotiating with your employer or representing you in court 

You deserve every dollar you are owed, along with a team that will back you up. The Gould Firm is here to do just that. 

Compensation Available in Overtime Cases 

If a claim succeeds, you may recover several types of potential payouts, including: 

• Back pay for the unpaid overtime hours 
• Interest on the unpaid amounts 
• Liquidated damages (often an additional amount equal to what you are owed) in many cases 
• Penalties under California law (for willful violations) 
• Attorney’s fees and costs 
• In some cases, recovery of benefits lost due to improper classification 

The total may be substantial depending on how many hours were withheld, how long it went on, and whether your employer acted willfully. 

Don’t Let Unpaid Overtime Go Unaddressed 

If you believe you are not being adequately paid overtime, now is the time to act. The Gould Firm is ready to help you understand whether you have a valid claim, gather evidence, and hold your employer responsible. 

Please fill out our free consultation form to get started. We will review your work records, review your job duties, and advise whether a wage claim or litigation makes sense. You deserve every lawful cent; don’t hesitate to fight for it.