Claiming Unpaid Overtime Wages in California
Am I eligible to collect unpaid overtime from my employer?
The California overtime minimum wage is $19.50 per hour, one and a half times the regular minimum wage of $13.00. If you earn more then the California minimum wage rate of $13.00, you are entitled to at least 1.5 times your regular hourly wage for all overtime worked.
If your employer has failed to pay you a proper overtime wage for any amount of qualifying overtime worked, you are eligible to receive back wages and possibly additional damages from your employer.
The Fair Labor Standards Act (FLSA) explicitly protects California workers who file an overtime complaint from being penalized by their employer for filing the complaint with threats, suspension, or firing. The statute of limitations for filing an overtime claim is two years, although this is increased to three years in the case that your employer willfully and knowingly broke the law in failing to compensate you for overtime worked.
How can I collect back wages if my employer owes me overtime?
After checking to ensure that your job is not exempt from overtime under California law, the next step to take in filing an unpaid overtime claim is submitting an official complaint including all pertinent information to your local Department of Labor office. If the California Department of Labor cannot solve your overtime case, you can file a civil claim with the California state court system by levying an unpaid overtime lawsuit against your employer.
Contacting the Department of Labor in California Regarding Unpaid Overtime
If you believe you are owed unpaid overtime, or think your employer is not complying with other labor laws, your first point of contact is your local field office of the Federal Department of Labor. There are eight field offices located in California.
Contact the office nearest to you, and they will be able to advise you of your legal rights and your next steps. You may want to have your employer's information and any relevant paystubs available. Remember, it is illegal for your employer to punish you for speaking to the Department of Labor! You can find contact information for the California Department of Labor here.
US Dept. of Labor Wage & Hour Division 906 N Street Suite 105 Fresno, CA 93721-2246
Nora Pedraza, Assistant District Director
P: (559) 487-5317
US Dept. of Labor Wage & Hour Division 2800 Cottage Way, Room W-1836 Sacramento, CA 95825-1886
Richard E. Newton, District Director
P: (916) 978-6123
San Diego District Office US Dept. of Labor Wage & Hour Division 550 Corporate Center 550 West "C" Street Suite 990 San Diego, CA 92101
Rodolfo Cortez, District Director
P: (619) 557-5110
Los Angeles District Office US Dept. of Labor Wage & Hour Division 915 Wilshire Blvd., Suite 960 Los Angeles, CA 90017-3446
Kim Chi Bui, District Director
P: (213) 894-6375
Orange Area Office 770 The City Drive South Suite 5710 Orange, CA 92868-4954
Tony Pham, Assistant District Director
P: (714) 621-1650
West Covina District Office US Dept. of Labor Wage & Hour Division 100 N. Barranca Street, Suite 850 West Covina, CA 91791
Daniel A. Pasquil, District Director
P: (626) 966-0478
San Francisco District Office US Dept. of Labor Wage & Hour Division 90 7th Street, Suite 12-100 San Francisco, CA 94103-6719
Susana Blanco, District Director
P: (415) 625-7720
San Jose Area Office US Dept. of Labor Wage & Hour Division 96 North 3rd Street, Suite 400 San Jose, CA 95112-7709
Michael Eastwood, Assistant District Director
P: (408) 291-7730
California Min Wage - $13.00 per hour as of 2021