If you’re working more than 40 hours a week without proper compensation, you may be a victim of unpaid overtime and you’re not alone. Many California workers don’t realize they qualify for overtime pay, or worse, they’re told by employers that they don’t.
At David Gallo Law, we fight for workers’ rights and hold employers accountable for wage theft. If you suspect you’re not being paid what you’ve earned, here’s what you need to know and how we can help.
What Counts as Unpaid Overtime?
Under California labor law, most employees are entitled to time-and-a-half pay for any hours worked over 8 hours in a day or 40 hours in a week. If you’re working more than 12 hours a day, or more than 6 consecutive days, you may even be entitled to double time.
Unpaid overtime happens when:
- You’re asked to work “off the clock”
- You’re expected to respond to emails or calls after hours
- You’re misclassified as exempt when you’re not
- You’re not paid extra for extra shifts or extended hours
These are all violations of your legal rights, and they are grounds to file a claim for back pay.
Common Overtime Violations in California
At David Gallo Law, we’ve helped employees across multiple industries – from hospitality and healthcare to construction and corporate offices – recover unpaid wages from employers using tactics like:
- Misclassifying workers as independent contractors
- Failing to pay for pre-shift or post-shift work
- Requiring employees to perform unpaid training or prep
- Illegally averaging hours over two weeks to avoid overtime
Sound familiar? If any of this applies to your work situation, you may have a case.
Do You Qualify for Overtime Pay?
You likely qualify for overtime if:
- You’re a non-exempt employee under California law
- You’re working more than 8 hours in a day or 40 in a week
- You’re not being paid at the correct overtime rate
- You’ve been told you’re salaried but still perform non-exempt job duties
If you’re unsure whether your employer is violating the law, our team can help you evaluate your situation during a free consultation.
How to Prove Unpaid Overtime
Building a strong claim starts with documentation. Keep track of:
- Work schedules and timecards
- Email or text messages assigning extra hours
- Pay stubs that show regular vs. overtime pay
- Notes about when you clock in and out
Our team will help gather additional evidence and assess whether class action litigation may be possible if multiple employees were affected.
What You Can Recover
If you’ve experienced unpaid overtime, you may be eligible to recover:
- Unpaid wages
- Penalties for labor violations
- Interest on lost pay
- Attorney’s fees and court costs
In many cases, employees can recover twice the amount of unpaid wages due to penalty provisions in California law.
Why Choose David Gallo Law?
David Gallo Law is a trusted name in California labor law. We’ve successfully represented workers across the state in claims involving unpaid overtime, wrongful termination, and wage theft. Our firm offers:
✅ Free, no-obligation consultations
✅ Contingency-based fees (you don’t pay unless we win)
✅ Experienced attorneys who know how to fight and win
✅ Personalized, aggressive legal strategy
💬 “Many employees don’t realize they’re leaving thousands of dollars on the table. We’re here to make sure that never happens.” — David Gallo, Founding Attorney
Ready to Fight Back? Let’s Get Your Paycheck Back on Track
No one should work for free. If your employer is taking advantage of you by not paying overtime, it’s time to take legal action. At David Gallo Law, we’ll make sure your voice is heard — and your rights are protected.
📞 Contact us today for a free case evaluation »
📍Serving workers throughout California
