Los Angeles Unpaid Overtime Lawyer
Unpaid Overtime · Los Angeles Employment Law
Law Offices of Todd M. Friedman, P.C.
Unpaid Overtime Lawyer Serving Los Angeles Workers
California overtime law is substantially more generous than federal law, and many Los Angeles employers either do not understand the difference or count on employees not knowing it. Misclassifying a worker as exempt or as an independent contractor is one of the most common ways employers avoid paying overtime they legally owe.
The Law Offices of Todd M. Friedman represent Los Angeles workers who were denied overtime pay they earned under California law.
California vs. Federal Overtime Rules
| Trigger | Federal (FLSA) | California |
|---|---|---|
| Daily overtime | Not required | 1.5x pay after 8 hours in a workday |
| Weekly overtime | 1.5x pay after 40 hours | 1.5x pay after 40 hours in a workweek |
| Double time | Not required | 2x pay after 12 hours in a workday, or after 8 hours on the 7th consecutive workday |
| 7th consecutive day | Not required | 1.5x pay for first 8 hours, 2x after 8 hours |
California’s daily overtime trigger means an employee working four 10-hour days can be owed overtime even though they worked only 40 hours that week, something federal law alone would not require.
Exempt vs. Non-Exempt: What Actually Matters
A job title alone never determines exempt status. To qualify for the executive, administrative, or professional exemption in California, an employee generally must: (1) earn a salary of at least twice the state minimum wage for full-time employment, and (2) spend more than 50 percent of work time on duties that are exempt in nature. An employee with the title “manager” who spends most of their shift doing the same hourly work as the staff they supposedly supervise is likely misclassified, regardless of salary or title.
Common Overtime Violations
- Misclassifying a non-exempt employee as exempt to avoid paying overtime
- Misclassifying an employee as an independent contractor
- Failing to count all hours worked, including off-the-clock prep or cleanup time
- Averaging hours across a pay period instead of calculating daily and weekly overtime separately
- Failing to include bonuses or commissions in the regular rate used to calculate overtime
- Requiring unpaid work during meal breaks while still deducting the break from pay
The ABC Test for Independent Contractor Status
Under California’s ABC test, a worker is presumed to be an employee, not an independent contractor, unless the hiring business proves all three of the following:
| Element | Requirement |
|---|---|
| A | The worker is free from the control and direction of the hiring business |
| B | The worker performs work outside the usual course of the hiring business |
| C | The worker is customarily engaged in an independently established trade or business |
A worker improperly classified as an independent contractor can be entitled to unpaid overtime, meal and rest break premiums, and other benefits owed to employees.
Related Claims
Overtime claims frequently accompany broader wage and hour violations, including missed meal and rest breaks. If you were terminated for raising concerns about unpaid overtime, see our page on retaliation claims.
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