California has some of the strongest wage and hour laws in the country, including strict rules on overtime pay. Despite these protections, many employees in Los Angeles still find themselves denied overtime wages they have rightfully earned. If your employer refuses to pay you for overtime, understanding your legal options is the first step toward protecting your income.



Understanding Overtime Pay Laws in California

Under California law, most non-exempt employees are entitled to overtime pay when they work more than eight hours in a single workday or more than 40 hours in a workweek. Overtime is generally paid at one and a half times the regular rate of pay, with double time required in certain situations, such as working more than 12 hours in a day. Employers cannot avoid these obligations simply by paying a salary or assigning a job title.

Common Ways Employers Deny Overtime Pay

Employers may refuse overtime pay in several ways, including misclassifying employees as exempt, asking workers to perform tasks “off the clock,” failing to track hours accurately, or offering comp time instead of overtime pay. In California, most of these practices are unlawful, even if the employee agreed to them.

Filing a Wage Claim with the Labor Commissioner

One option available to employees is filing a wage claim with the California Division of Labor Standards Enforcement (DLSE), also known as the Labor Commissioner’s Office. This process allows workers to seek unpaid overtime through an administrative claim, which may include a settlement conference or hearing. If successful, you could recover unpaid wages, penalties, and interest.

Filing a Lawsuit Against Your Employer

Another option is filing a civil lawsuit against your employer. This may be appropriate when overtime violations involve significant unpaid wages or affect multiple employees. A lawsuit can also seek additional damages, such as penalties for willful violations and reimbursement of certain legal costs.

Protection Against Retaliation

California law prohibits employers from retaliating against employees who assert their wage and hour rights. Retaliation may include termination, demotion, reduced hours, or other adverse actions. If retaliation occurs, additional legal remedies may be available.

Why Acting Quickly Matters

Strict deadlines apply to overtime claims in California. Waiting too long could limit or eliminate your ability to recover unpaid wages. Keeping records of hours worked, pay stubs, and employer communications can strengthen your claim.

At Law Offices of Anthony Choe, we can provide legal assistance to the Los Angeles public by helping employees understand their rights and pursue unpaid overtime wages under California law.