California employers generally must pay nonexempt employees for all hours worked, including work they knew or should have known was performed before clock-in, after clock-out, remotely, or during a meal period. An employer's 'no unauthorized overtime' policy may support discipline, but it generally does not erase the duty to pay for work actually performed.
California generally requires overtime pay for nonexempt employees who work more than eight hours in a workday, more than 40 hours in a workweek, or specified hours on a seventh consecutive day in a workweek. Double-time rules can apply after specified daily or seventh-day thresholds. Industry wage orders, alternative workweek schedules, exemptions, collective bargaining rules, and other exceptions can change the result.
A salary or job title does not by itself eliminate overtime rights. An exemption usually requires both a salary basis at the legally required level and duties that satisfy the applicable exemption. The actual work performed matters more than a title such as 'manager,' 'administrator,' or 'coordinator.'
California rest periods are paid time. Meal periods may be unpaid only when the employee is properly relieved of all duty, subject to limited rules and exceptions. If an employer fails to provide a compliant meal or rest period, premium pay may be owed. If work is performed during a meal period and the employer knows or should know, the time worked must also be evaluated for wages and overtime.
Depending on the claims and facts, a worker may seek unpaid wages, overtime premiums, meal- or rest-period premium pay, interest, statutory penalties, waiting-time penalties, wage-statement remedies, costs, or attorney's fees. California wage claims often use a three-year limitations period, while certain related unfair-competition remedies may reach four years. Federal FLSA claims generally use two years, extended to three for willful violations. These periods are claim-specific, and delay can reduce the recoverable period.
If the employer knew or should have known the work was performed, a lack of approval generally does not erase the duty to pay. The employer may enforce a lawful scheduling policy prospectively, but it cannot simply accept the work for free.
Yes. Salary alone does not establish an exemption. The pay basis, amount, actual duties, discretion, and applicable exemption must be analyzed.
Do not assume the case is lost. Preserve what you have. Employer records, messages, system logs, schedules, coworkers, and reasonable estimates may become important.
Retaliation for asserting protected wage rights may violate California and federal law. Preserve retaliatory messages, schedule changes, discipline, and timing, and seek prompt advice.
No. This page addresses pay and employment rights. A physical injury may involve workers' compensation or a separate third-party injury claim and should be routed to the appropriate intake.