Unpaid Overtime in California: The 8-Hour Rule Most Employers Ignore

California overtime is stricter than federal law, and employers count on workers not knowing the difference. If you work more than eight hours in a single day, overtime is owed even if your weekly total stays under 40.

What California Law Says

Labor Code section 510 requires time-and-a-half after 8 hours in a day or 40 in a week, and after the first 8 hours on a seventh consecutive workday. Double time applies after 12 hours in a day and after 8 hours on that seventh day.

How to Fight Back, Step by Step

1. Pull your schedules, time punches, and pay stubs for as far back as you can — the claim period generally reaches back three years, four with an unfair competition claim.
2. Rebuild your true daily hours in a simple log: start time, end time, meal periods actually taken.
3. Calculate what you were paid versus what section 510 requires, day by day.
4. Send a written demand to your employer stating the shortfall and the pay periods involved.
5. If they refuse or stall, file a wage claim with the Labor Commissioner — there is no filing fee and you do not need a lawyer.

Common Questions

Does overtime apply if I am paid a salary?

Yes, unless you genuinely meet an exemption test. A salary alone does not make you exempt — your duties and salary level both matter.

My employer says overtime was not approved. Do they still owe it?

Yes. If the employer knew or should have known you worked the hours, the premium is owed. Lack of approval is a discipline issue, not a pay defense.