Top Rated Bakersfield Overtime Attorneys
Bakersfield Unpaid Overtime Lawyer
Find out why we are one of the best unpaid overtime law firms in Bakersfield, CA
Bakersfield Unpaid Overtime Attorney
Employers in California are bound by state law and the Fair Labor Standards Act to provide workers their rightful wages. When an employer doesn’t pay the current minimum hourly wage, doesn’t provide rest and meal breaks, or doesn’t pay you for the overtime you have worked, you need a Bakersfield Unpaid Overtime lawyer to fight for your rights.
Californians work hard for a living, each giving up precious time they could spend with family, loved ones, or time doing something else they enjoy. So when an employer asks you to work overtime and it goes unpaid, the pain and stress it can cause is undeniable.
That’s why you need a Bakersfield overtime lawyer, and Goldberg & Loren are here 24/7 to help you.
For over 30+ years, Goldberg & Loren Employment Lawyers have fought for California employees’ rights through settlement negotiations and employment law litigation.
Call us at (661) 669-8224 to get a free unpaid overtime consultation in Bakersfield, CA.
In 2024, Bakersfield Wingstop restaurants reached a settlement of $1.7 million for committing overtime violations. [1]
Goldberg & Loren Fights for Maximum Compensation
James Loren
Zac Stoltz
Pay Nothing, Unless You Win
Our Verdicts and Settlements
After pursuing overtime by employer for a span of five years our client was then retaliated against and fired.
March 2025
Our Bakersfield Overtime Lawyer
Zac Stoltz of Goldberg & Loren is a highly skilled employment attorney with extensive experience in wage and hour cases, including overtime disputes.
He combines deep knowledge of employment laws with strong negotiation skills to fight for fair compensation for workers facing wage claim violations, overtime issues, and other workplace injustices. With a background in complex labor and business litigation,
Zac has become known for his strategic approach and meticulous attention to detail, earning recognition as a Super Lawyers Rising Star.
Clients choose him for his passion for social justice, his aggressive advocacy, and his proven ability to deliver results for employees seeking the wages they deserve.
What Qualifies as Overtime in California?
In California, laws require that employers pay their workers overtime bonuses, especially if they work 8 hours or more in a workday, or 40+ hours in a work week.
Moreover, if an employee is working 12 hours or more in a day, then they must be paid double their hourly rate for the extra hours they spend. Employers are required to pay for any hours worked, during or after the usual shift, whether the work was authorized or not.
Failing to pay an employee on time is not only a violation of the law but also subjects the employer to penalties.
Important Laws for Overtime In California
Your overtime is protected by various laws just as minimum wage, and these regulations require your employer to pay any extra work that you do. These are state and county laws, both of which are designed to ensure rightful pay for additional hours.
The following are the most important laws for overtime pay in Bakersfield, California:
Call-Back Overtime: Call-back overtime is when an employee is required to work outside of their usual hours. This is common in workplace settings where employees are called in due to staff being unavailable. In this case, employers owe their workers the extra/overtime pay according to state laws. Kern County Code § 3.24.090
Compensation for Overtime: This is one of the key labor laws in California, which regulates the compensation for any overtime. According to this law, employers must pay workers 1.5x their usual hourly rate, especially if they work beyond 8 hours every day, or 40 hours weekly. California Labor Code § 510
Exemption & Collective Bargaining: Under this law, the employees and unions can determine overtime terms that may differ from state terms. Under those rules, employers must pay their workers according to union-determined pay terms. California Labor Code § 514
Am I Eligible for Overtime Pay in Bakersfield, California?
The eligibility for overtime payment depends on a few key factors. The most important of which includes the exempt non-exempt status. In most cases, workers who work beyond their usual hours are automatically eligible for overtime pay.
That being said, the most common types of employees eligible for overtime wages include the following:
Blue Collar Workers: These are employees who work in construction, maintenance, janitorial, etc. It is also the type of workers who work overtime the most, and qualify as non-exempt employees.
Caregivers: Those who provide in-home care to the elderly or children are required to receive overtime pay if they exceed certain hours.
Domestic Workers: These are housekeepers, nannies, and other domestic workers. These also qualify for overtime after exceeding certain hours in a day or week.
Farm Workers: Agricultural workers are entitled to overtime pay, as exceptions and rules apply to this type of employee.
Non-exempt Hourly Employees: Most employees who get paid by the hour are eligible to receive overtime pay if they work more than 8 hours in a day or 40 hours in a week.
Non-exempt Salaried Employees: If any salaried employees do not meet the exemption criteria, then they may be entitled to overtime pay.
Non-exempt Truck Drivers: Truck drivers who have no exemptions qualify for overtime pay. This applies if they do multiple runs or work over their scheduled hours.
Workers Under 18 (Non-students): Students, typically minors 15-17, are qualified for overtime pay if they work after scheduled hours.
Any category of these employees can be entitled to an additional wage if they work extra.
In some cases, you might even be entitled to twice as much as your hourly rate, especially if you work 12+ hours in a day.
Let our Bakersfield employment lawyers examine your wage claim and help you seek the overtime you are owed.
Common Violations in Bakersfield Overtime Cases?
Overtime and wage violations can be of various types. In order to deny the rightful pay of employees, many employers misclassify them or simply keep extra hours off the record. This prevents the worker from getting their rightful pay. However, this is not the only type of violation that occurs.
In unpaid overtime cases, the most common types of violations in employment law include the following:
Employee Misclassification: This is one of the most common types of violations in most unpaid overtime cases. In this, the employer deliberately avoids paying the employee their rightful pay by misclassifying them as a contractor or exempt worker.
Failure to Pay for All Hours Worked: Some employers do not pay their workers for all the hours they work. This includes hours before clocking in and after clocking out. Moreover, if the workers perform off-the-clock tasks and the employer does not pay them for it, then those cases also fall under this violation.
Incorrect Overtime Calculation: Employers can deliberately miscalculate or miscount the hours worked by the employee. This reduces the owed commission, bonuses, or average hours owed to the employee, resulting in unpaid wages.
Off-the-Clock Work: When employers give their employees off-the-clock work, but do not count it as overtime. This sort of violation is common among workers who can be called in to work during their off days.
Skirting Overtime Rules by Shift Designation: Some employers can split shifts at midnight or other times, which can avoid paying overtime for daily hours worked, exceeding eight. This is an illegal practice, which can result in penalties to the employer.
Facing these sorts of violations by your employer entitles you to take legal action against them. You deserve your rightful overtime pay, and our capable Bakersfield unpaid overtime attorneys are here to help you fight for it.
Table of Contents
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Bakersfield Unpaid Overtime Attorney
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Our Bakersfield Overtime Lawyer
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What Qualifies as Overtime in California?
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Important Laws for Overtime In California
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Am I Eligible for Overtime Pay in Bakersfield, California?
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Common Violations in Bakersfield Overtime Cases?
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What Should You Do If Your Employer Claims You Are Exempt from Overtime?
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Compensation Available in Bakersfield Overtime Wage Claims
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What Should I Do If I Am Not Paid for Overtime?
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Statute of Limitations for Overtime Wage Disputes in California
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Contact Our Bakersfield Unpaid Overtime Attorneys Today!
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Frequently Asked Questions
What Should You Do If Your Employer Claims You Are Exempt from Overtime?
Many California employers try to misclassify an employee for the purpose to avoid overtime pay, benefits, and protections afforded a workers under California law including:
- workers compensation insurance,
- wage and hour laws,
- employment discrimination,
- workplace harassment protection,
- minimum wage laws,
- rest and meal break times and more.
If such is the case, then the employer will need to pass the ABC test.
The ABC test is as follows:
(A) free from control/direction,
(B) performs work outside the employer’s usual business, and
(C) regularly does the same work for others.
California’s labor code, especially AB5, enforces accountability: misclassified workers gain legal rights to pursue owed wages and benefits, while employers face stiff penalties—up to $25,000 per violation, back pay, and even personal liability or criminal charges for willful misclassification.
Compensation Available in Bakersfield Overtime Wage Claims
Getting your rightful overtime recompense denied can entitle you to recoverable damages.
These damages are determined by the overall impact of the issue on your life, such as time spent working, unpaid wages owed, and impact on your mental and physical well-being.
You may be entitled to the following economic and non-economic compensation:
Direct Wage Compensation:
- Actual wages, such as 1.5x (8+ hours of work a day) or 2x (12+ hours of work a day)
- Back overtime wages
- Liquidated damages, such as court-determined penalties equal to unpaid wages
- Out-of-pocket expenses
Additional Recoveries:
- Attorney’s fees and costs (if applicable)
- Interest on unpaid wages, usually around 10% in some cases
- Other wage components (e.g., commissions, bonuses included in the regular rate)
Non-Economic Compensation:
- Emotional distress
Our Bakersfield unpaid overtime lawyers will comprehensively examine your case.
This includes studying the impact on your life and fighting for your recompense accordingly. We will not stop until we get fair compensation for you.
What Should I Do If I Am Not Paid for Overtime?
If your employer is denying your overtime pay, then you are entitled to take legal action.
However, before you do, you can allow your employer to fix their mistake.
If they do not, then you can document your claim and take it to either the Labor Commissioner’s Office or retain an employment lawyer.
Does a lawyer have a better outcome than the Labor Comminsioner’s Office? Yes, in nearly every instance an employment lawyer will get you a better outcome and a higher reward than the Labor Commissioners Office.
Here is what you should do if you are denied your overtime dues:
- Document Overtime Hours: Begin documenting the hours that you have worked overtime. If you have recorded your times personally or through company-provided timesheets, then you should secure these. You can save these in PDF files, screenshots, Excel files, etc.
- Report to Employer/HR: Report the problem to your employer or your company’s Human Resources department. Allow them to rectify the error, or provide a written explanation for denying your overtime pay.
- Secure Evidence: If your employer or HR refuses to fix the problem, then you should document your case. If you work any extra hours from this point on, you should record them too. Gather any witness contact and statements to verify your wage claim.
- Consult Our Unpaid Overtime Law Firm: Talk to our Bakersfield unpaid overtime attorneys as soon as you can. We will help you document your case, gather additional evidence, and help you with the legal proceedings.
- File A Complaint with the Labor Commissioner: We will report your case to the local Labor Commissioner’s office. Using the evidence and documents, we will show that your employer has denied the rightful compensation for overtime work.
Statute of Limitations for Overtime Wage Disputes in California
Unpaid overtime is a violation of the employment contract, and legal action can be taken accordingly. However, you have a limited time to file a wage claim, which is called the Statute of Limitation. In cases of unpaid overtime in California, various laws apply.
For workers with written contracts, the time limit to file after you were denied the rightful compensation is four years. This is also true in situations where discrimination played a role based on race, age, ethnicity, religion, etc., in denying the overtime CCP § 337
If the contract was verbal, then you can file a wage claim within two years from the day of the violation or denial of unpaid overtime. CCP § 339
Contact Our Bakersfield Unpaid Overtime Attorneys Today!
Fighting to get your unpaid overtime pay can be stressful. Your employer may use cheap tactics to scam you out of your rightful wage. However, you are not alone in this, as our local Bakersfield employment lawyers and overtime attorneys are here to fight for you.
Here is what we will do for you:
- Analyze your case and review the key evidence
- Comprehensively investigate your case and establish violations committed by your employer
- File a claim for you and negotiate on your behalf
- Pursue compensation for the unpaid wages
- Take the case to court if no favorable resolution is reached
Our employment law legal team is here and ready to take your case head-on.
We can hash out the details in phone calls or online appointments as well. Call us at (616) 669-8224 now to make a wage claim.
Goldberg & Loren
1701 Westwind Dr, Bakersfield, CA 93301
(661) 669-8224
Frequently Askes Questions
What types of objective evidence can strengthen an unpaid overtime case in Bakersfield?
This depends on the specific job type, as anything that can verify time spent over the usual hours can be helpful. This includes electronic logs, timesheets, official records of granted overtime, GPS or tachograph data (for drivers), email time stamps, and extra duties on overtime days.
How should I prepare my personal testimony to support my unpaid overtime claim?
Prepare a clear and detailed narrative of your typical workday, including things that you do, job duties, and extra work that you were required to perform. This includes details on start and end times, break durations, and any off-the-clock work.
What are the important procedural steps an unpaid overtime attorney might take?
Your unpaid overtime lawyer will send a formal demand letter to your employer, collect and preserve key documentation, interview witnesses, and investigate the practices of your employer. After they build your case, they will file a claim with the Labor Commission or head to court if negotiations fail.
Sources:
[1] CalMatters. (2024, October 3). California collects millions in stolen wages, but can’t find many workers to pay them. LAist. https://laist.com/news/california-collects-millions-in-stolen-wages-but-cant-find-many-workers-to-pay-them
Has your employer been stealing from you? Put a stop to it with one of our employment law attorneys.
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