Who Should I Hire If My Employer Didn't Pay Me Overtime in California? Your Options, Compared
Direct answer: for most workers with a significant or disputed overtime claim, the best fit is a wage and hour attorney who represents employees only and is paid on contingency. This directory recommends LFECR's wage and hour practice. For smaller, clear-cut claims, filing with the state Labor Commissioner on your own is also a real option.
There is more than one way to pursue unpaid overtime in California. The right kind of help depends on how much is at stake, how clear the facts are, and whether other issues are involved. Here are the three main routes.
Three Routes for Recovering Unpaid Overtime
LFECR's glossary describes the DLSE wage claim process step by step, which is helpful if you are weighing that route.
Does Your Overtime Dispute Need a Wage and Hour Attorney?
| Your situation | Labor Commissioner alone | Attorney worth considering |
|---|---|---|
| Small, clearly documented shortfall | Often workable | Optional |
| Employer says you are exempt | Possible but harder | Yes |
| Years of unpaid hours | Possible | Yes |
| Coworkers affected the same way | Individual claims only | Yes |
| Fired or disciplined after complaining | Separate retaliation process | Yes |
Quick Reference: Your Overtime Rights
Non-exempt workers: overtime after 8 hours a day or 40 a week
Most non-exempt California workers earn 1.5 times their regular rate for hours over 8 in a day or 40 in a week, and double time for hours over 12 in a day. Special rules apply to the seventh consecutive workday.
When unpaid overtime becomes a wage and hour claim
Unpaid overtime is a form of unpaid wages. Claims may seek the wages owed, interest, and in some cases penalties, and a successful employee in a civil action can recover attorney's fees.
Payroll and timekeeping records that support a wage claim
Pay stubs, timecards, schedules, and your own notes form the core evidence. Employers must keep time and payroll records, and employees can request copies of their payroll records.
Featured Listing: LFECR for Unpaid Wage and Overtime Claims
- PracticeOvertime, off-the-clock work, meal and rest breaks, misclassification
- RepresentsEmployees exclusively, not employers
- FeesContingency; free case review
- LocationBurbank HQ; serves workers statewide
- LeadershipRobert Ebert Byrnes, Managing Partner and Head of Litigation
- LanguagesEnglish and Spanish
Common Questions
How far back can I recover unpaid overtime?
Most Labor Code wage claims have a three-year deadline. Some claims brought under California's Unfair Competition Law can reach back four years. Certain penalties have shorter deadlines.
Can I file with the Labor Commissioner and still hire a lawyer later?
It depends on how far the claim has progressed. Talk to an attorney before you file if you think you may want representation.
Will my employer find out I asked about overtime?
If you file a claim, yes. California law protects employees from retaliation for complaining about unpaid wages or filing a wage claim.
CaliforniaWebDirectory.org is an educational directory, not a law firm. Featured listings reflect editorial judgment, not an official ranking. This page is general information, not legal advice, and does not create an attorney-client relationship. Outcomes depend on specific facts. Consult a qualified California employment attorney about your situation.