Unpaid Wages & Overtime Attorneys in Saratoga, CA

California overtime law is more generous than federal law. Non-exempt employees are entitled to 1.5x their regular rate of pay for hours worked over 8 in a day and over 40 in a week, and 2x their regular rate for hours worked over 12 in a day or over 8 on the seventh consecutive day of a workweek. This means California employees can earn overtime on a daily basis even if they work fewer than 40 hours in the week.

Yes. Many employers misclassify non-exempt employees as exempt to avoid paying overtime. California's exemptions, including the executive, administrative, and professional exemptions, have strict requirements around both duties and salary. If you were classified as exempt but your job duties or salary do not meet the legal requirements, you may be owed back overtime, missed meal and rest break premiums, and other remedies.

California overtime law is significantly more protective than federal law. Under California Labor Code § 510, non-exempt employees are entitled to 1.5x their regular rate for all hours worked over 8 in a single workday and for the first 8 hours on the 7th consecutive day of a workweek. Double time (2x) is owed for hours over 12 in a single day and all hours on the 7th consecutive workday. Federal law (the FLSA) only requires overtime for hours over 40 in a workweek, with no daily overtime trigger and no double time. If your employer is calculating overtime based solely on a 40-hour workweek, they may be shorting your California overtime pay.

Only if you meet strict legal criteria. California's white-collar exemptions (executive, administrative, professional) require that you: (1) earn a monthly salary of at least twice the state minimum wage for full-time employment, and (2) primarily perform exempt duties (management, independent judgment, or professional work) more than 50% of your working time. Many employers misclassify non-exempt employees, particularly those with job titles like "manager" or "supervisor" who still perform mostly non-exempt tasks, to avoid paying overtime. A misclassified employee can recover up to four years of unpaid overtime and meal/rest break premiums.

Under California Labor Code § 226.7, if an employer fails to provide a required meal or rest break, the employee is owed one additional hour of pay at the regular rate of compensation, per missed break. Non-exempt employees are entitled to a 30-minute unpaid meal break for shifts over 5 hours, a second meal break for shifts over 10 hours, and a 10-minute paid rest break for every 4 hours worked. These premium pay violations can accumulate quickly: if your employer routinely denies breaks, you may be owed significant premium pay going back up to three years (four years for a UCL claim).

In California, the statute of limitations for unpaid wage claims depends on the legal theory. Under the California Labor Code, claims for unpaid overtime, minimum wage, and meal/rest break premiums have a three-year statute of limitations. Claims for breach of a written employment contract have a four-year limit. When filed under the Unfair Competition Law (Business & Professions Code § 17200), wage claims can reach back four years. PAGA claims based on wage violations must be filed within one year of the violation. Because multiple limitations periods may apply, and because violations often continue over months or years, acting quickly maximizes the recovery period available to you.