Overtime Law in California

Workers in California are protected by the federal Fair Labor Standards Act (FLSA). Employers must pay 1.5× your regular rate for all hours worked over 40 in a workweek. Many violations go undetected for years — and workers often don't realize they're owed money.

The Fair Labor Standards Act (FLSA) is enforced by the US Department of Labor's Wage and Hour Division. Workers can file a complaint directly or hire a private attorney — most choose an attorney because the FLSA requires the employer to pay attorney fees if you win.

Minimum wage in California: $16.50/hr. California has the strongest wage laws in the US. The California Labor Code and PAGA (Private Attorneys General Act) allow workers to sue on behalf of the state and recover civil penalties in addition to unpaid wages and liquidated damages. Overtime applies after 8 hours/day AND 40 hours/week.

Common industries with overtime violations in California: strongest worker protections in the US; PAGA claims, meal break violations, and gig worker misclassification common.

Common Violations in California

  • Salaried employees told they are "exempt" when they are not
  • Off-the-clock work before or after shifts
  • Automatic meal-break deductions for breaks not actually taken
  • Misclassification as an independent contractor to avoid overtime
  • Managers taking a share of employee tips

What You Can Recover

Successful FLSA claimants in California can recover:

  • Back pay — all unpaid wages for up to 2–3 years
  • Liquidated damages — an equal amount on top of back pay
  • Attorney fees — paid by your employer, not you

The Fair Labor Standards Act is enforced by the US Department of Labor's Wage and Hour Division. Workers can file a complaint directly with the DOL or hire a private attorney — FLSA attorneys work on contingency, and the employer must pay attorney fees if you win.

Cities in California We Serve

Los Angeles Fresno Bakersfield Sacramento

Frequently Asked Questions

Workers in California are protected by the FLSA. You are entitled to 1.5× your regular pay for hours over 40 per week. California may also have its own wage laws providing additional protections. A free evaluation will clarify which apply to you.
The FLSA gives you 2 years (3 for willful violations). California may have a different state deadline. Act promptly — every month you wait may reduce your potential recovery.
Most FLSA cases settle before trial. Your attorney will negotiate on your behalf — many employers settle quickly once they realize a credible claim has been filed. You pay nothing unless you win.