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This law firm was extremely helpful and successful in my case. In a matter of 7 months they were able to settle my case! Joshua, Ariella, Vedang, and Iona were my attorneys and Aaron were extremely helpful in my case, always responsive and helped with any questions I had about my case. I was turned down by a few other law firms but this law firm took me seriously and won! I’m very satisfied with all of their services.
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Bibiyan Law Group was by far a great choice to make for my wrongful termination lawsuit. They kept me in the loop with all the details and supported me along the way until I received my settlement. Thank you for everything. Would recommend!
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General information. Not legal advice.
If you have been working long hours, skipping meal or rest breaks, taking work home, responding to emails after hours, or performing tasks off the clock, you may be entitled to unpaid overtime compensation.
Under the federal Fair Labor Standards Act (FLSA), non-exempt employees must receive overtime pay at 1.5 times their regular rate of pay for all hours worked over 40 in a workweek. However, California law provides even stronger protections for employees — especially in Los Angeles.
If your employer has required you to work overtime without proper compensation, an experienced Los Angeles overtime attorney at Bibiyan Law can evaluate your claim and help you recover what you are owed.
California Overtime Laws (Updated 2025–2026)
The California Labor Code in conjunction with federal and local employment legislation provides some of the best overtime benefits for employees. Accordingly, employers must pay their workers overtime in the following circumstances:
- Daily Overtime – If you work more than 8 hours in one day, you must be paid 1.5 times your regular hourly wage. If you work over 12 hours in one day, you must be paid double your regular hourly wage.
- Weekly Overtime – If you work more than 40 hours in one week (excluding any existing daily overtime hours), you must be paid 1.5 times your regular hourly wage.
- 7th Day Overtime – If you work seven consecutive days during a workweek, you must be paid 1.5 times your hourly rate for the first 8 hours worked. After 8 hours, you must be paid double your hourly rate for any hours worked after 8 on your seventh day of work.
What Counts as Your “Regular Rate” of Pay?
Your “regular rate” is not limited to your hourly wage. Under California law, overtime must be calculated using all non-discretionary compensation, including:
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Non-discretionary bonuses
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Commissions
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Piece-rate earnings
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Shift differentials
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Incentive pay
Improper overtime calculations are one of the most common wage violations in Los Angeles.
Who Is Exempt From Overtime?
Certain employees may qualify as “exempt,” but employers must strictly satisfy all legal requirements.
As of 2025, to qualify for the executive, administrative, or professional exemption, an employee must:
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Earn a salary of at least twice the state minimum wage for full-time employment (based on 40 hours per week).
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Primarily perform exempt duties.
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Exercise discretion and independent judgment on significant matters.
With the 2025 statewide minimum wage at $16.50 per hour, the minimum annual salary threshold for most exemptions exceeds $68,000 per year and adjusts as the minimum wage increases.
Employers frequently misclassify workers as exempt or as independent contractors to avoid overtime obligations. California’s strict “ABC test” governs independent contractor classification and prevents employers from avoiding wage protections through improper labeling.
Common Overtime Violations in Los Angeles
Overtime violations may include:
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Requiring off-the-clock work
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Failing to include bonuses or commissions in overtime calculations
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Misclassifying employees as exempt
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Misclassifying employees as independent contractors
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Improperly calculating the regular rate of pay
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Failing to pay double time when required
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Retaliating against employees who complain
These violations are unfortunately widespread, particularly in industries such as hospitality, healthcare, construction, retail, and tech.
What Can You Recover?
Employees who prevail in overtime claims may recover:
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Unpaid overtime wages
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Interest
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Waiting time penalties (up to 30 days of wages)
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Attorneys’ fees and costs
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Civil penalties under the Labor Code
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Additional penalties under California’s Private Attorneys General Act (PAGA), as recently reformed in 2024
Even claims that initially appear “small” can grow substantially once penalties and statutory damages are calculated.
Why Overtime Violations Continue in 2026
Many overtime violations occur because:
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Employees are unaware of their rights
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Employers rely on outdated payroll systems
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Employers intentionally misclassify workers
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Workers fear retaliation
California law strongly prohibits retaliation against employees who assert wage rights. Workers who report violations are protected under state labor laws.
Speak With a Los Angeles Overtime Lawyer
If you believe you were denied overtime pay, improperly classified, or required to work off the clock, you may be entitled to substantial compensation.
Bibiyan Law represents employees throughout Los Angeles in overtime, wage, and hour disputes. Contact our office to discuss your rights and potential remedies.