California Overtime Pay Rules

San Diego Overtime Pay Attorney

Approachable and Experienced Trial Representation to Assert Your Overtime Pay Rights

California implements overtime and wage labor laws that cover employees’ rights to overtime pay and work breaks. The Law Offices of Devon K. Roepcke represents workers throughout San Diego whose overtime pay and work break rights have been violated. We have a deep knowledge of California Labor Law and will advocate for your best interests as an employee. You can count on us for approachable and experienced legal representation to make sure your rights as a worker are respected.

Schedule a free consultation with the Law Offices of Devon K. Roepcke to discuss your San Diego case in more detail. Get in touch by calling (619) 492-2444 today.

California’s Overtime Pay Rules

California law requires that employees are paid overtime wages for any time worked beyond 8 hours in a day and/or over 40 hours in a week. Overtime in the state should be paid at a rate of time and a half (your regular hourly wage plus 50% of your hourly wage). For instance, if you were paid a minimum wage of $16/hour and worked over 8 hours in a day, you would be entitled to $21/hour for every hour worked over 8 hours that day or shift. (The math should look like $16/2 = $8, or 50%, which should then be added to your regular wage of $16/hour to get the time-and-a-half rate of $21/hour for your overtime rate).

When Am I Entitled to OT?

If you have worked over 8 hours in one day and/or over 40 hours in one week but have not been paid at the appropriate overtime rate, you can take legal action to recover that overtime pay. You are entitled to recover all the overtime pay you are missing for the last 1-4 years. 

Work Breaks Rules

California workers also have the right to a 10-minute break for every 4 hours you have worked. You are entitled to one hour of pay for each 10-minute rest break that you were not provided within the last 1-4 years.

If your employer accidentally fails to give you breaks, you can make claims going back as far as 2 years. If your employer intentionally deprived you of a break or knew you were entitled to a break and did not compensate you, you can make claims going back 3-4 years, provided you did not waive your right to the break. This is a situation in which the law can be complicated and confusing, so it is best to enlist the help of an employment attorney to help you get the pay to which you are entitled.

Meal Breaks Rules

In addition to rest breaks, you are also entitled to meal breaks. More specifically, you have the right to a 30-minute meal break for every 5 hours you have worked. If you have worked over 5 hours and were not provided a meal break, you are entitled to one hour of pay for each missed meal break.

In all of the above situations of overtime and break laws, you have the legal right to request compensation from your employer that they owe you. The Law Offices of Devon K. Roepcke can assist you in getting backpay if your employer refuses to pay compensation that is justly owed, whether you have been underpaid for working overtime or were not given the meal break or rest break you are entitled to. 

Employment law matters like the above can be difficult to navigate on your own, especially when they require a close understanding of the legal language. Our firm can champion your worker rights and ensure you obtain the pay you have worked hard for.

Schedule a free consultation with the Law Offices of Devon K. Roepcke today to get started on your overtime pay case in San Diego.


Devon was extremely knowledgeable and helpful about employment law. He consulted with me about a potential case and was honest, thorough, and easy to talk to. I would definitely recommend him!

- R.S.
Your Employment Lawyer

We serve clients throughout the San Diego Metro Area, including Chula Vista, Clairemont, Coronado, El Cajon, Imperial Beach, La Jolla, Lemon Grove, Miramar, Mission Beach, Mission Valley, Pacific Beach, Poway, Rancho Bernardo, Solana Beach, Spring Valley, and throughout California.

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