Unpaid Overtime Wages in LA: Know Your Rights, Claim What’s Yours
Nothing is quite as frustrating as putting in long hours, missing dinners with family, skipping your child’s recital, or staying behind to cover someone’s shift, only to realize that the extra time hasn’t been paid.
Nothing is quite as frustrating as putting in long hours, missing dinners with family, skipping your child’s recital, or staying behind to cover someone’s shift, only to realize that the extra time hasn’t been paid. For countless workers in Los Angeles, this isn’t a one-off error. It’s a pattern. A quiet, calculated form of wage theft.
Understanding Unpaid Overtime: What’s Being Lost
Unpaid overtime is more than just a missed cheque. It's the systematic denial of fair compensation. Under California law, most employees must be paid 1.5 times their regular rate for hours worked over 8 in a day or 40 in a week. For more than 12 hours in a day? The rate climbs to double.
Yet, employers often try to blur the lines, misclassifying workers, using vague job titles, or demanding off-the-clock tasks. In LA alone, industries like hospitality, retail, construction, and healthcare report the highest incidences of unpaid overtime.
"I was clocking out at 5 pm but asked to stay till 6 pm almost daily. When I asked why I wasn’t being paid, they said I was salaried and exempt. Turns out, I wasn’t."
- A restaurant manager in East LA
Common Signs of Wage Theft
| Red Flag Behaviour | What It May Indicate |
|---|---|
| Off-the-clock work | Employer avoiding overtime obligations |
| Misclassification as independent contractor | No eligibility for overtime pay |
| Denial of overtime due to job title | Misuse of 'exempt' status |
| Altered time sheets or forced edits | Intentional underreporting of hours |
| “Comp time” offered instead of overtime pay | Not legal under California wage law |
If any of these look familiar, it's not just a company policy issue, it could be illegal.
What Are Your Legal Rights in California?
The law is unambiguous: eligible employees are owed overtime wages. That includes undocumented workers and those paid in cash.
● Time-and-a-half pay for any hours over 8 per day or 40 per week
● Double pay for hours exceeding 12 in a day or eight on the seventh consecutive day of work
● Three years back pay for unpaid overtime (plus interest and penalties)
Filing a wage claim with California’s Division of Labor Standards Enforcement (DLSE) can help recover lost wages and, in some cases, penalties against the employer.
Steps to Take If Overtime Goes Unpaid
- Document Everything: Keep a detailed log of hours worked, take photos of timecards, emails, or text confirmations if needed.
- Request Payment in Writing: Start with a formal, dated letter to the employer requesting back pay.
- File a Complaint: Use a claim form or consult an employment attorney experienced in wage theft claims.
- Know the Statute of Limitations: You have up to three years to file a claim for unpaid overtime.
Why Speaking Up Matters?
Remaining silent can keep the cycle going, not just for one worker, but for dozens or even hundreds. Claiming unpaid wages helps ensure compliance and prevents others from suffering the same fate.
Too often, employers rely on confusion, fear, or misinformation to deny overtime. But the law stands firmly on the side of employees. In Los Angeles, the courts are no strangers to ruling against companies engaging in wage theft.
Final Thoughts
Every unpaid minute worked is a moment of life lost to exploitation. Don’t let legal jargon, company intimidation, or misplaced loyalty prevent rightful compensation. Knowledge is power. If there’s even a hint of unpaid overtime, it’s worth asking questions, investigating, and demanding accountability.
Because in LA, time is money. And every dollar counts.