Am I owed overtime pay?

This page explains overtime only. It is general information, not legal advice. For breaks, see Your meal and rest breaks in California. For the minimum wage where you work, see Minimum wage.

Do I get overtime?

Probably yes. Most workers in California are "nonexempt," which means overtime laws cover them. That includes people paid in cash, by the piece, by the job or by salary. Your immigration status does not change this. California's labor laws protect all workers, and the Labor Commissioner does not ask about status.

The Labor Commissioner's overtime rules for most workers:

Three rules people often do not know:

• Your boss must pay overtime even if they did not approve it. The Labor Commissioner says employers must pay for overtime work they knew or should have known about. They can discipline you for breaking a rule about approval, but they still have to pay.
• You cannot give up your overtime. An agreement to work for less, even one you signed, does not stop you from claiming unpaid overtime later.
• The 7th day is special. Your employer can usually set your schedule and require overtime, but it cannot discipline you for refusing to work the 7th day in a workweek.

How do I figure out my overtime pay?

Overtime is based on your regular rate of pay. For an hourly worker paid one rate, that is simply your hourly wage. Here is how to count it:

1. Find your hours for each day. Count from when you started work to when you stopped, minus unpaid meal breaks.
2. Mark hours over 8 each day and any hours over 12.
3. Add up the week. If your total straight time hours go over 40, those extra hours are overtime too.
4. Multiply. Overtime hours times 1.5 times your rate. Double time hours times 2 times your rate.

Example. You earn $20 an hour. You work 10 hours a day, Monday to Friday. That is 50 hours.

• Each day: 8 regular hours and 2 overtime hours.
• Week: 40 regular hours and 10 overtime hours. (Your straight time hours add up to exactly 40, so there are no extra weekly overtime hours.)
• Regular pay: 40 x $20 = $800.
• Overtime: 10 x $30 = $300.
• Total for the week: $1,100.

Your regular rate can never be lower than the minimum wage. For 2026 the state minimum wage is $16.90 an hour, and many Bay Area cities set a higher one (Minimum wage).

I am paid a salary, by the piece or with bonuses. How is my rate figured?

The Labor Commissioner explains a few common cases:

• Salary, but you are not exempt. Take your monthly pay, multiply by 12, divide by 52 to get weekly pay, then divide by 40. That is your hourly regular rate.
• Piece rate or commission. One way is to divide all your earnings for the week by all the hours you worked. Overtime is then based on that rate.
• Two different pay rates in one week. Your regular rate is a weighted average of the two.
• Bonuses. A bonus you were promised for reaching a goal (a "nondiscretionary" bonus) counts toward your regular rate, so your overtime goes up too. A surprise gift bonus does not.

My boss says I am salaried. Am I exempt?

Not just because of a salary or a title. Being paid by the week or the month, or being called "manager," does not make you exempt. A salaried worker must be paid overtime unless they meet the test for exempt status.

For the common executive, administrative and professional exemptions, Labor Code 515 requires both:

• A salary test. A monthly salary of at least two times the state minimum wage for full time work. In 2026 that is at least $70,304 a year. The state minimum wage rises to $17.40 on January 1, 2027 (Labor Commissioner), which by our math sets the 2027 floor at $72,384 a year.
• A duties test. You must be mainly doing exempt work and regularly using your own judgment and discretion.

If you earn less than that floor, you are almost certainly owed overtime, whatever your title. If you earn more, the duties still matter. A free clinic can help you check.

I am a nanny, caregiver or house cleaner. What are my rules?

Household workers have their own rules. The Domestic Worker Bill of Rights FAQ sets them out:

• Personal attendants (people who mainly care for a child, an elder or a person with a disability in a private home) earn overtime after 9 hours in a day or 45 hours in a week. If you spend more than 20% of your time on other housework, you may count as a regular household worker instead.
• Live in household workers who are not personal attendants earn overtime after 9 hours in a day, and for the first 9 hours on the 6th and 7th days in a row. Double time after 9 hours on those days.
• Household workers who do not live in follow the usual 8 hour and 40 hour rules, with double time after 12 hours.

Some people are left out of these rules, such as the employer's close family members, babysitters under 18 and casual babysitters. Workers paid through In Home Supportive Services (IHSS) fall under that program's own rules, not this law.

I am a farmworker. When does my overtime start?

Farmworkers now follow the same 8 hour and 40 hour rules as other workers. That change finished phasing in on January 1, 2022 for employers with more than 25 workers and January 1, 2025 for smaller ones. Double time starts after 12 hours in a day (Overtime for Agricultural Workers).

What about four 10 hour days?

Some workplaces vote on an alternative workweek, like four 10 hour days or three 12 hour days. Under most wage orders, these schedules do not change how your regular rate is figured. Your regular rate is still based on a 40 hour week. If your employer just told you "you work 10s now" without a proper vote, ask a clinic whether the overtime rules were followed.

What if I am called an independent contractor?

Contractors do not get overtime. But many workers called contractors are really employees under California law. If your boss controls your hours and how you work, read Am I an employee or an independent contractor? The wage claim form lets you say you think you were misclassified.

How do I get my overtime back?

1. Write it down now. Dates, start and stop times, breaks, what you were paid. Your own notes count as evidence. Use the tracker below.
2. Save proof of pay. Pay stubs, check photos, bank deposits, payment app screenshots, texts about hours.
3. Ask for your records if you need them. You can ask your employer in writing for your payroll records. They must give them to you within 21 calendar days (Labor Code 226). See What to do if your paycheck is late or bounces.
4. File a wage claim. Use the Labor Commissioner's wage claim page. Our step by step guide is How to file a wage claim.
5. Watch the deadline. Unpaid overtime reaches back 3 years from the day you file. Every month you wait, the oldest month can drop off.

What mistakes should I avoid?

• Do not wait for your boss to "make it right later." The 3 year clock keeps running.
• Do not sign a paper saying you were paid everything unless it is true. Your employer must pay wages that are not in dispute without making you sign a release.
• Do not throw away your notes or let your phone delete old texts.
• Do not assume a title settles it. Check the salary and duties.

Who can help?

• California Labor Commissioner: 833-526-4636, with phone interpreters. No office in San Mateo County. Nearest offices are San Jose, San Francisco and Oakland (office list).
• Legal Aid at Work, Workers' Rights Clinic: free and confidential, for workers under its income limits or age 60 and up. East Palo Alto line (415) 404-9093 (clinic page).
• San Mateo County Office of Labor Standards Enforcement: free, confidential Labor Advice Hotline 1-866-870-7725, for workers in unincorporated areas and several cities (county page).
• More options: Free help with a work problem in the Bay Area.

Contact them to confirm hours, languages and openings. Being listed here is not a referral or a promise of service.

Frequently asked questions

Can my boss give me time off later instead of overtime pay? Do not agree to that without advice. California allows it only in narrow cases: you ask for it in writing, there is a written agreement made before the work, and you are regularly scheduled for at least 40 hours a week (Labor Code 204.3). Federal overtime law has its own rules. Ask a clinic before trading pay for time.

I worked through lunch. Does that count? Yes. Time you worked counts toward your daily and weekly hours. A missed meal break can also earn an extra hour of pay (meal and rest breaks).

I am paid in cash. Can I still claim? Yes. Cash pay is legal, but your employer still owes overtime and a pay statement.

I am 16 or 17. Do these rules apply to me? Minors who are allowed to work longer hours are covered by the same overtime rules (Labor Commissioner). Minors also have strict limits on how many hours they may work.

I left the job. Is it too late? No. You can file after you leave, and even after you move out of California, as long as you are within the deadline.

We checked these rules on October 21, 2026. Laws change; check the linked pages before you act.