Under California law, employers must pay one and a half times an employee’s regular rate where an employee worked of more than eight per workday or more than 40 hours per week. This means that overtime pay should being on any day when an employee works more than eight (8) hours or during any week when an employee works more than forty (40) hours. Also, an employer must pay double the rate of pay if an employee has worked more than twelve (12) hours in any single day.

The employer bears the burden of proving that employees fit “plainly and unmistakably” within a exemption to the overtime compensation requirement.

Generally, workers that are employed as “administrative,” “professional,” or “executive” are exempt from overtime pay requirements. However, California law provides very specific definitions of these three exempt categories.  Moreover, having a title of a “manager” does not make an employee exempt. Instead, exemptions are applicable on a case by case basis. Furthermore, there is no such thing as a “salaried” employee. In other words, just because an employee receives a salary does not make them automatically exempt from overtime pay.

The statute of limitations, which is the time limit when an employee may file a lawsuit, for overtime claims under California law is generally four (4) years from the time the compensation was due. Under federal law, the statute is shorter, and may be from two (2) to three (3) years.


Tumber Law Firm is based in San Francisco, California. Our attorneys represent clients in San Francisco, San Mateo, Santa Clara, Monterey, Alameda, Contra Costa, Sacramento, Solano, Marin, and Sonoma Counties.  Tumber Law Firm protects clients from retaliation, discrimination, and harassment involving dismissal, demotion, or denial of accommodation based on age, race, sex, religion, color, sexual orientation, marital status, association, physical or mental disability, or other legally protected classifications. Additionally we represent employees if they have not been paid the proper wages including overtime or minimum wage, or those not given the proper meal and rest breaks. If you believe that your rights have been violated, CONTACT US to setup your free consultation to discuss this matter. We take cases on a contingency basis and collect no attorney fees unless we win your case.