Unpaid overtime can put real pressure on a worker and their family. When an employer refuses to pay overtime, delays payment, changes time records, or says overtime was not “approved,” many employees are left wondering whether they have any options. In California, the answer is often yes.
Jafari Law Group helps California employees evaluate wage and hour claims, including unpaid overtime, off-the-clock work, misclassification, and retaliation concerns. If you worked overtime and were not paid correctly, it is worth taking the issue seriously and documenting what happened.
When Overtime Is Required in California
California overtime law is more protective than federal law in many situations. For most nonexempt employees, overtime must be paid at one and one-half times the employee’s regular rate of pay for hours worked over 8 in a workday, over 40 in a workweek, and for the first 8 hours worked on the seventh consecutive day in a workweek. Double time may be required for hours worked over 12 in a workday and for hours worked over 8 on the seventh consecutive day in a workweek.
An employer generally must pay overtime even if the overtime was not authorized. California’s Labor Commissioner explains that overtime is required “whether authorized or not,” although an employer may discipline an employee for violating a lawful overtime approval policy. The employer still cannot avoid paying for hours actually worked.
Common Ways Employers Refuse To Pay Overtime
Overtime violations do not always look the same. Some employees are told they are “salary” and therefore not owed overtime. Others are required to finish tasks after clocking out, answer messages after hours, work through meal breaks, arrive early for setup, or stay late for closing duties.
Other warning signs include time records that do not match the hours actually worked, managers refusing to approve overtime after assigning too much work, automatic deductions for breaks not taken, or pressure to record only 8 hours even when the workday was longer.
A salaried title does not automatically make an employee exempt from overtime. In California, most executive, administrative, and professional exemptions require both a duties test and a salary threshold. For 2026, California’s statewide minimum wage is $16.90 per hour, which raises the minimum annual salary threshold for many white-collar exemptions to $70,304.
Step One: Save Your Records
If your employer refuses to pay overtime, start gathering records. Keep copies of pay stubs, schedules, timecards, texts, emails, app messages, work assignments, calendar entries, GPS or delivery logs, and any written instructions about overtime.
Write down the days and hours you worked as soon as possible while your memory is fresh. Include start times, end times, missed breaks, after-hours work, and the names of managers who assigned or knew about the work.
Do not take confidential company records that you are not allowed to access or keep. Focus on your own wage records, communications sent to you, schedules, pay information, and notes about your work hours.
Step Two: Review Whether You Were Misclassified
Many unpaid overtime claims involve misclassification. An employer may call someone exempt, salaried, an independent contractor, a manager, or a contractor when the law treats that person as a nonexempt employee.
Job title alone does not decide overtime rights. What matters is the actual work performed, the level of discretion and independent judgment, pay structure, and whether the legal requirements for an exemption are met.
Misclassification can arise when a “manager” spends most of the day doing the same work as hourly staff, when an employee is paid a salary below the required threshold, or when a worker is labeled an independent contractor but is treated like an employee.
Step Three: Ask for Payment in Writing
In some cases, a written request may resolve the issue. A short, professional message can state the dates worked, the overtime hours, and the amount you believe remains unpaid. Keep a copy of what you send.
A written request helps create a record. It may also show whether the employer made a mistake, disputes the hours, claims an exemption applies, or refuses to pay for another reason.
Avoid threats, emotional language, or exaggeration. The goal is to document the problem clearly.
Step Four: Watch for Retaliation
California employees generally have the right to raise wage concerns without being punished. Retaliation can include termination, demotion, reduced hours, schedule changes, discipline, threats, or other adverse actions after an employee asks about unpaid wages or overtime.
If your employer reacts negatively after you raise the issue, document the timing and what changed. Save written communications and write down verbal comments as soon as possible.
Retaliation can create separate legal claims in addition to the unpaid overtime claim.
Step Five: Consider Your Legal Options
If the employer still refuses to pay, you may have several options. Depending on the facts, an employee may file a wage claim with the California Labor Commissioner, pursue a civil lawsuit, or bring claims involving multiple employees if the same pay practice affected a group.
Potential recovery may include unpaid overtime wages, interest, penalties, waiting time penalties in some final-pay situations, and attorney’s fees where allowed by law. California waiting time penalties may apply when an employer willfully fails to pay all wages owed at separation, up to a maximum of 30 days of wages.
The right path depends on the amount owed, whether the employee still works for the company, whether others were affected, whether the employer altered records, and whether retaliation occurred.
What If Your Employer Says Overtime Was Not Approved?
This is one of the most common excuses employees hear. In California, an employer’s internal approval rule does not erase the duty to pay for hours actually worked. If the employer knew or should have known that work was being performed, unpaid overtime may still be owed.
That said, employees should follow lawful workplace policies when possible. If a supervisor assigns work that cannot be completed during regular hours, keep written proof of the assignment and any instructions to avoid recording overtime.
What If You Are Paid a Salary?
Being paid a salary does not always mean you lose overtime rights. Many salaried employees are still nonexempt and must receive overtime when they work qualifying hours.
A lawful exemption usually requires more than a salary. The employer must show that the employee meets the applicable duties test and salary requirements. In California, the 2026 salary threshold for many white-collar exemptions is $70,304 per year, and some occupations have separate rules.
If your job title sounds managerial or professional but your daily work is mostly routine, closely supervised, or production-based, your classification may need review.
Speak With a California Overtime Attorney
If your employer refuses to pay overtime, you do not have to rely only on what the company tells you. Wage and hour laws are fact-specific, and small details can affect the strength of a claim.
Jafari Law Group represents California employees in unpaid overtime and wage claims. If you believe you were denied overtime, misclassified, required to work off the clock, or punished for raising wage concerns, contact us for a free case evaluation.