Overtime Lawyer in Glendale & Los Angeles

California’s overtime rules are among the strongest in the country. If you worked past eight hours in a day or forty in a week without proper premium pay—or were told a salary wiped out overtime—MAGISA LAW can review your paystubs and explain your options. Every situation is different. We represent employees from our Glendale office.

Call 888-818-1099 · Free consultation* to talk through your situation with an attorney · Contact · 2550 Honolulu Ave, Suite 105, Glendale, CA 91020

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California overtime basics (Labor Code § 510)

Labor Code section 510 provides that, for covered nonexempt employees:

Time and one-half of the regular rate for hours over 8 in a workday, over 40 in a workweek, and for the first 8 hours on the seventh consecutive day of work in a workweek
Double time for hours over 12 in a workday and for hours over 8 on that seventh consecutive day

The statute does not require stacking multiple overtime premiums for the same hour. Alternative workweek schedules adopted under Labor Code section 511 (or certain CBA / statutory exceptions) can change daily overtime rules when lawfully implemented. Agricultural and other special occupations have separate rules.

A workday is any consecutive 24-hour period starting at a fixed time; a workweek is seven consecutive days starting on a fixed day (Labor Code section 500). Overtime is based on hours actually worked—paid time off that is not worked generally does not count toward the 40-hour threshold. How these rules apply to a particular schedule is fact-specific.

Regular rate of pay

Overtime is a multiple of the employee’s regular rate of pay, which cannot be less than the applicable minimum wage. The regular rate can include hourly earnings, salary converted to an hourly equivalent, piece-rate or commission earnings (using DIR-accepted methods), shift differentials, and many nondiscretionary bonuses. Purely discretionary gifts and certain premium differentials may be excluded. Getting the regular rate wrong is a common way employers underpay overtime even when they think they are complying.

California’s statewide minimum wage adjusts each year; check the current rate on the DIR minimum wage page. Higher local or industry rates can raise the floor used in overtime math for work performed in those jurisdictions. Which rate applies depends on where you worked—bring that detail to your consultation.

Common overtime problems employees describe

Daily overtime ignored because the weekly total stayed under 40
“Salaried” or “manager” titles used without meeting exemption tests
Off-the-clock opening, closing, or smartphone work that pushes a day past 8 hours
Automatic time-rounding that systematically cuts time
Nondiscretionary bonuses left out of the regular rate
Workers labeled independent contractors who may still raise overtime questions under California’s classification tests

Related topics often include unpaid wages, meal and rest break premiums, inaccurate wage statements under Labor Code section 226, and unreimbursed expenses under section 2802.

How these matters are often pursued in California

Many employees raise wage claims with the Labor Commissioner (DLSE) or in court. Group wage issues may also involve PAGA. For the fuller overview of those paths and deadlines, see our unpaid wages page. Strict deadlines apply—call promptly so timing can be assessed for your facts.

What to gather before you call

Recent paystubs / wage statements and any final paycheck
Schedules, timesheets, time-clock screenshots, or your own notes of hours worked
Offer letter, handbook excerpts, and any texts or emails about pay, breaks, or expenses
Job title, pay rate, start/end dates, and employer legal name (often on the paystub)
A short written timeline of what was unpaid and when you complained

You can request payroll records in writing; Labor Code section 226 generally requires the employer to respond within 21 calendar days. If you have little paperwork, call anyway—MAGISA LAW can help you sort what is missing.

Related MAGISA LAW pages

Free consultation with MAGISA LAW

MAGISA LAW invites Glendale and Los Angeles County employees to contact the firm for a free consultation to talk through your situation with an attorney. Call 888-818-1099, email hello@magisalaw.com, or use the contact page.

Consultations are available in English, Spanish, Armenian, and Russian with an attorney.

Office: 2550 Honolulu Ave, Suite 105, Glendale, CA 91020.

Frequently asked questions

When is overtime due in California?

For most nonexempt employees, Labor Code section 510 requires one-and-one-half times the regular rate for work over 8 hours in a workday or over 40 hours in a workweek, and for the first 8 hours on the seventh consecutive day in a workweek; double time applies over 12 hours in a workday and over 8 hours on that seventh day. Exceptions and alternative schedules can change the analysis.

Does salary mean I am exempt from overtime?

Not automatically. Exempt status depends on duties and salary tests under the Labor Code and applicable Industrial Welfare Commission Wage Orders. A job title alone does not decide the issue. Every situation is different.

Must overtime be pre-approved to be paid?

No. California requires payment for overtime the employer suffers or permits, even if unauthorized. The employer may discipline for policy violations but still must pay for hours worked.

What is the regular rate of pay?

Overtime is calculated on the regular rate, which can include hourly pay, non-discretionary bonuses, commissions, and certain other remuneration—not less than minimum wage. DIR’s overtime FAQ explains common calculations.

How long do I have to claim unpaid overtime?

Strict deadlines apply and vary by claim type. Contact MAGISA LAW promptly so an attorney can discuss timing for your situation.

* Fee and cost terms are discussed during your free consultation.