California has some of the most robust overtime protections in the country, yet employers across San Diego continue to shortchange workers on the pay they are legally owed. If your employer misclassified your position or otherwise ignored the law, you have the right to take action. An employment law attorney at Fairchild Employment Law can help you recover every dollar you are owed.
Our San Diego overtime attorneys bring over 20 years of combined experience to disputes like these and have recovered millions for workers throughout San Diego County to date. Contact us today for a consultation to discuss your case at (619) 759-7149.
Why Choose Fairchild Employment Law for Your Overtime Dispute
Taking on an employer over unpaid wages takes more than just filing paperwork; it requires a legal team that understands how California wage and hour law works at a granular level and knows how to build a case that holds up under scrutiny. Fairchild Employment Law focuses specifically on employment claims, which means our attorneys deal with these issues day in and day out.
Many employees hesitate to demand their unpaid overtime out of fear of retaliation. If your employer punishes you, cuts your hours, or fires you for asserting your rights, you may also have grounds for a wrongful termination claim.
When you bring your overtime dispute to our San Diego employment lawyers, we will:
- Review your pay stubs and time records for signs of underpayment
- Analyze whether your classification as exempt or non-exempt is legally valid
- Identify the full scope of unpaid overtime you are owed
- Handle all communications with your employer and their legal team
- Pursue your case through litigation if necessary
Contact our law offices in San Diego, California, today to get started. We can answer all of your questions when we meet for your case evaluation.
Understanding California Overtime and Double Time Requirements
California triggers overtime pay in ways that go well beyond the federal standard. Under Labor Code § 510, non-exempt employees earn time and a half for every hour worked past eight in a single day. Once you cross the 12-hour mark, the rate jumps to double time. Weekly overtime also applies when total hours exceed 40.
The state adds another layer on top of that. If you work seven consecutive days in a workweek, the first eight hours on that seventh day are paid at one and a half times your rate. Anything beyond eight hours on that day is owed at double time. These daily protections mean you can be entitled to overtime even if your weekly total stays under 40 hours.
How a San Diego Overtime Lawyer Can Identify Wage Theft
Overtime violations do not always look obvious on a pay stub. Some employers round down hours or shave minutes off the end of shifts. Others pressure workers to clock out before finishing their duties or to skip meal breaks without recording the lost time. These practices are all forms of wage theft under California law.
An overtime attorney in San Diego with our law firm can examine your employment records side by side with your actual work schedule to expose discrepancies. In many cases, the pattern of underpayment goes back months or even years, which could raise the value of what you recover substantially.
The 2026 Salary Threshold and Overtime Exemption Laws
California ties its overtime exemption thresholds directly to the state minimum wage, which means the numbers shift every time the wage floor goes up. The 2026 increase brought several of these thresholds to levels that caught many San Diego employers off guard.
The White Collar Exemption and the $70,304 Salary Floor
To classify a worker as exempt from overtime under California’s executive, administrative, or professional exemptions, an employer must meet two requirements. The employee must earn at least twice the state minimum wage for full-time work.
With the 2026 minimum wage at $16.90 per hour, that salary floor sits at $70,304 annually. If your pay falls below that number, your employer cannot treat you as exempt, regardless of what your offer letter says.
High Stakes Overtime Rules for Computer Software Professionals
A separate exemption exists for certain computer professionals, but the salary bar is significantly higher. In 2026, workers in this category must earn at least $58.85 per hour or $122,573.13 per year to qualify.
A software engineer making $115,000 does not clear that threshold and is entitled to daily overtime under California law. Many tech employers in San Diego overlook this distinction.
Why Your Job Title Does Not Determine Your Overtime Status
One of the most common mistakes employers make is assuming that a title like “manager” or “analyst” automatically qualifies someone for exemption. California requires more than a label. The employee must spend more than half of their working hours performing duties that genuinely qualify as executive, administrative, or professional in nature. If your day-to-day responsibilities do not match the legal definition, your employer may owe you back pay for every overtime hour you worked.
Recovering Unpaid Wages for Off the Clock Work in California
Employers are required to pay for all time worked, period. That includes responding to work emails after you leave for the day, attending mandatory meetings before your shift starts, and completing setup or cleanup tasks that fall outside your scheduled hours.
If your employer benefits from the time you spend working, you are entitled to compensation for it. Off-the-clock violations are widespread in industries where shift work is common, but they can happen in any workplace.
Misclassification of Independent Contractors and Overtime Rights
Some employers sidestep overtime obligations entirely by labeling workers as independent contractors. California’s AB 5 made it harder to do this by codifying the ABC test. Under this framework, a worker is presumed to be an employee unless the hiring entity can prove all three factors: that the worker operates free from direction, performs work outside the company’s usual business, and runs an independently established trade in that field.
If your employer controls how and when you do your work, you are likely an employee with full overtime protections.
Calculating Your Total Damages and Waiting Time Penalties
The money you are owed may extend beyond just the unpaid overtime itself. California Labor Code § 203 imposes waiting time penalties when an employer fails to pay final wages on time. Those penalties can amount to a full day’s wages for each day the payment is late, up to a maximum of 30 calendar days.
On top of that, you may be entitled to interest on unpaid wages and reimbursement of attorney’s fees. Taken together, these penalties can substantially increase the total value of your claim.
Contact a San Diego Overtime Attorney Today
If your employer has been cutting corners on your overtime pay, Fairchild Employment Law is ready to hold them liable. Our San Diego overtime lawyers have spent over two decades helping California workers recover the wages they earned and are ready to get to work on your behalf next.
Contact our law offices for an initial consultation today by reaching out online.