Can My Employer Require Overtime? 9 Solid Rules Every California Worker Should Know

Overtime is a reality for many California workers. Nurses are asked to stay past their shifts. Retail workers are told to close late and come in early. Warehouse staff are pressured to work extra hours during the busy season.

If you have ever wondered, “Can my boss really force me to work overtime?” the answer is complicated. California law gives employers some power to require overtime, but it also gives employees some of the strongest wage protections in the country.

Here are nine rules that explain how overtime really works in California — and what you can do if your employer is breaking the law.

Rule 1: Employers Can Require Overtime in California

Yes, your employer can assign mandatory overtime. Refusing can be treated as insubordination, which may result in discipline. This applies in many industries, from hospitals to retail to office work.

But there is an important condition: your employer must pay you the correct overtime rate. Requiring overtime without proper pay is illegal wage theft.

Rule 2: Overtime Pay Starts After 8 Hours in a Day

California overtime kicks in faster than under federal law. Under Labor Code Section 510, employees must be paid overtime at 1.5 times their regular rate when they work:

• More than 8 hours in a single workday
• More than 40 hours in a workweek
• The first 8 hours on the seventh consecutive workday

Example: If you work 9 hours on Monday, that 9th hour must be paid at time-and-a-half, even if you worked less than 40 hours for the week.

Rule 3: Double Time Protects Against Extreme Hours

California requires double time in these situations:

• More than 12 hours in a single workday
• More than 8 hours on the seventh consecutive workday

If you normally earn $18 per hour, double time means $36 per hour. These rules discourage dangerous levels of overwork.

Rule 4: Not All Employees Qualify for Overtime

Only non-exempt employees are guaranteed overtime pay. Exempt employees, such as many managers, administrators, and certain professionals, may not qualify.

But misclassification is widespread. For example, some assistant managers in retail or fast food are labeled “exempt” even though most of their work is hourly. If you are salaried but spend most of your time doing non-managerial tasks, you may still be entitled to overtime.

Rule 5: Alternative Workweek Schedules Can Change the Rules

California allows employers to adopt an Alternative Workweek Schedule (AWS), usually four 10-hour shifts. Under an AWS, you do not receive overtime until after 10 hours in a day.

An AWS must be approved by employees through a formal election and registered with the state. If your employer uses long shifts but never held a vote, the schedule may be unlawful.

Rule 6: Industry-Specific Overtime Rules Apply

Overtime rules vary depending on the job. Examples include:

• Healthcare workers: Special rules allow 12-hour shifts in hospitals but still require overtime after certain thresholds.
• Domestic workers: Live-in employees often have different overtime protections.
• Unionized employees: Collective bargaining agreements may set overtime terms, but they must meet or exceed state minimums.

Checking the Wage Order for your industry is key.

Rule 7: Meal and Rest Break Rights Still Apply

Even if you are working overtime, you are still entitled to meal and rest breaks. California requires:

• One 30-minute meal break if you work more than 5 hours
• A second 30-minute meal break if you work more than 10 hours
• A 10-minute paid rest break for every 4 hours worked

Employers who fail to provide breaks must pay an additional hour of wages for each day a break was denied.

Rule 8: You Can Recover Unpaid Overtime

If your employer is not paying overtime properly, you have options. You can file a wage claim with the California Labor Commissioner (DLSE) or take legal action in court.

Possible remedies include:

• Back pay for unpaid overtime
• Interest on unpaid wages
• Waiting time penalties if you were not paid after leaving the job
• Attorney’s fees and costs in some cases

You generally have 3 years to file an overtime claim, and up to 4 years under California’s Unfair Competition Law.

Rule 9: Retaliation for Speaking Up is Illegal

Employers cannot punish you for asserting your rights. If you complain about unpaid overtime or file a claim, your employer cannot legally fire you, cut your hours, or demote you in retaliation.

If they do, you may have additional claims for retaliation or wrongful termination.

What To Do If You Think Your Employer Is Breaking Overtime Laws

1. Keep records of your hours worked, breaks taken, and pay stubs.
2. Save communications where overtime was assigned or discussed.
3. File a complaint with HR or the DLSE if you are not paid correctly.
4. Seek legal advice if you face retaliation, misclassification, or ongoing unpaid overtime.

Documenting everything is one of the most powerful tools employees have when standing up for their rights.

How Fraigun Law Group Helps Workers in Los Angeles

Marina Kats Fraigun has represented California employees for decades in cases involving wage theft, retaliation, and unfair labor practices. Based in Sherman Oaks, Fraigun Law Group serves workers throughout Los Angeles, the San Fernando Valley, and beyond.

The firm regularly handles cases where employers misclassify employees, require off-the-clock work, or refuse to pay the correct overtime rate. Fraigun Law Group helps workers recover what they have earned and protects them from retaliation for standing up to their employer.

Frequently Asked Questions

Protecting Your Overtime Rights in California

California law gives employers the ability to require overtime, but it also guarantees employees fair pay and legal protection. By knowing the rules, you can tell the difference between a lawful overtime assignment and an unlawful wage practice.

Get Help With Overtime and Wage Violations

If your employer is requiring overtime without paying properly or retaliating when you speak up, you may have a legal claim. Contact Fraigun Law Group today for a confidential consultation to learn how California’s overtime laws apply to your situation.