So, it depends. If you're an exempt employee who's exempt from overtime laws, then you don't get paid overtime. If you're not exempt, and the distinction between the two is very difficult to explain in this video.
If you're not exempt, if you work more than 8 hours a day or 40 hours a week, then you're entitled to overtime. It's really important, if you feel like you are exempt or non-exempt, and you're not getting paid overtime, to speak with a California attorney who'll help you determine whether or not overtime laws apply to you. If you're not paid overtime, and you're entitled to them, you'll not only get compensation, but there could also be significant penalties towards your employer for not paying you for overtime.
How overtime works in California
For non-exempt employees, California overtime can be triggered by long hours in a single day — not just by the total hours in a week, which is all federal law counts. Because of that daily rule, many people are owed California overtime they never realized.
The fight is usually over whether you're truly "exempt." A job title or salary alone doesn't make you exempt; the law looks at your actual duties. Misclassifying employees (or labeling them independent contractors) to avoid overtime is a common, costly employer mistake.
If you think you're owed
Keep your own record of hours worked. Unpaid-overtime claims can carry penalties on top of the back wages. A lawyer can check whether you've been classified correctly and estimate what you may recover.
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