Common Employer Defenses to Unpaid Overtime Claims in California

When an employee works overtime in California, their employer is generally obligated to pay overtime wages in compliance with federal and California law. Unfortunately, some employers attempt to circumvent the law to protect their bottom lines. If your employer has failed to pay overtime you earned, you should familiarize yourself with common employer defenses to unpaid overtime claims in California so you can effectively advocate for yourself.

What Counts as Overtime in California?

In the United States, the Fair Labor Standards Act sets the federal standards for overtime pay. Under that law, hours worked beyond 40 in a standard seven-day workweek are considered overtime hours, and employees must be paid time-and-a-half for those hours.

California has its own labor laws that build upon the federal ones. In California, overtime applies to both weekly and daily hours. For California workers, any hours worked beyond eight in an individual day or beyond 40 in a workweek are considered overtime, as are hours worked on any day beyond six consecutive workdays in a row.

Common Employer Defenses to Unpaid Overtime Claims

As of August 2026, there were more than 18.5 million people employed in the state of California. A significant portion of those workers find themselves working more than eight hours in a workday or 40 hours in a workweek from time to time.

Employers sometimes try to avoid paying overtime that they are legally obligated to pay. There are many arguments an employer may use to get out of paying overtime. The following explains a few of these tactics and how to counter them.

The Employee Is Overtime-Exempt

Employers may attempt to avoid overtime pay by claiming that the employee in question is not eligible for overtime. Some salaried workers are exempt from overtime pay, but this does not apply to all salaried workers, and some employers intentionally misclassify workers who perform the same duties as hourly workers. For example, a retail store may have a “floor lead” who does the same work as the other floor workers, but is salaried.

Effective evidence against a claim like this includes the following:

• The actual daily duties of the worker in question.
• A comparison of the employee’s work against their official job description.
• Whether or not the employee has decision-making authority in matters like hiring, firing, and management choices (as evidenced by the job description, actual duties, and written communications).
• Any other written communication or record that shows that the employee lacks the independence necessary to be a truly exempt worker.

The Employee Did Not Actually Work Overtime

Employers may claim that an employee demanding overtime pay did not actually work overtime. In some cases, employers intentionally record time incorrectly or require employees to work through meal times or perform work off the clock. In other cases, the problem is the employer’s time rounding policies. It occasionally happens that an employer’s policy is to round down from exact recorded times, which can result in unpaid overtime.

If your employer claims you did not actually work overtime, the following information can help you overcome that argument:

• Your actual time cards with exact in/out times compared to the time recorded on your paychecks.
• Your employer’s official time rounding policy.
• Any communication asking you to work off the clock.

The Overtime Was Not Authorized

In California, it does not matter whether overtime you worked was authorized by your employer or not; you are still owed overtime pay for overtime worked. The matter of unpaid wages is entirely separate from whether or not you had permission to work. If you have timecard evidence, written communication regarding the overtime, or any other record that supports its factuality, that evidence should successfully overcome this argument.

What to Do If Your Employer Won’t Pay Your Overtime

If you have worked overtime, but your employer refuses to pay you the overtime wages you are owed, you have legal options for pursuing those wages. The California Labor Commissioner’s Office is the first place to file a claim. It is advisable to hire an employment lawyer to help you collect the necessary information and file your claim. An attorney with a deep knowledge of California’s labor laws can be an invaluable asset when pursuing unpaid overtime.

FAQs

Does My Employer Have to Pay My Overtime Even if I Was Not Supposed to Work Overtime?

Yes. Employers are legally obligated to pay employees for overtime work, even if the employer did not authorize the overtime. Employers may treat working overtime without authorization as a discipline issue, but wage law is concerned with what the employee actually did, regardless of what they were supposed to do.

Does My Employer Have to Pay My Overtime if I Am in a Union?

Whether or not your employer has to pay overtime if you are part of a union depends on the terms of your collective bargaining agreement. Some employment unions establish their own rules for time worked, wages, and overtime, and some employees who are covered by union agreements are exempt from overtime pay as far as their employer is concerned. An employment attorney can review your collective bargaining agreement and help you understand your position.

What if I Work for a Different Employer Now?

If you work for a different employer than the one that owes you overtime pay, you can still pursue overtime pay from your former employer. If you have any evidence to support the claim of unpaid overtime, such as time cards or saved emails, you can work with an attorney to recover your unpaid wages.

Can My Employer Ask Me to Waive My Right to Overtime?

No. Your employer cannot legally ask you to waive your right to overtime pay. Even if you signed something saying you were waiving your overtime, such a document is not enforceable because the legal right to overtime pay supersedes it. If you are in this situation, an experienced employment lawyer can help you navigate your next steps.

Hire an Employment Lawyer – Contact Briana Kim

If you are a California employee whose employer is refusing to pay overtime, you do not have to accept the situation as it is. Contact The Law Office of Briana Kim, PC. Attorney Briana Kim is a skilled and experienced employment lawyer who has advocated for clients against employers large and small throughout Southern California, from Los Angeles to San Diego. She is ready to represent you and help you make things right.

Locations

249 East Ocean Blvd, Ste 814
Long Beach, CA 90802

6 Centerpointe Dr, Ste 700,
La Palma, CA 90623