Overtime Law for Commission Employees

  • A commissioned employee may still be entitled to overtime pay!
  • If you are compensated by piece-rate or flag hours, you get paid a fixed amount based upon the sale or the task completed.
  • However, any time that you spend doing other work, such as non-sales work, or non-flag hours, must be compensated at minimum wage or higher.
  • And if you work more that 8 hours in one day, or more than 40 hours in one week, you are still entitled to overtime pay, even if your hours are a mix of flag hours and non-flag hours.
  • If you are not getting paid for all of your hours, you may recover those amounts, along with interest and penalties.


  • Unreimbursed Expenses​
  • Accurate Pay Stubs
  • Final Paycheck

Overtime Law for Hourly Employees

  • If you work more than 8 hours in one day, your employer must pay you one and a half times your regular rate of pay.
  • If you work more than 40 hours in any one work week, your employer must pay you one and a half times your regular rate of pay.
  • Any time, up to 8 hours you work on a seventh consecutive day of work is overtime. After 8 hours, you should be paid double time.
  • If you work more than 12 hours in one day, that time should be paid at double time.
  • If your employer does not pay your overtime, you may recover those amounts, along with interest and penalties.
  • Your employer can NOT discriminate against you if you make a claim for overtime pay.


Overtime Law for Salary Employees

  • A salaried employee may still be entitled to overtime pay!
  • A salaried employee is only exempt from overtime laws if they meet certain criteria.
  • Some employers classify their employees as exempt from overtime laws or as independent contractors even when they do not meet the criteria under California law.
  • If you are mis-classified as exempt, your employer may owe you for all your overtime hours and perhaps rest breaks.  The penalty is a premium of on hour of pay for each day that you missed a meal break or a rest break.
  • If you are not "exempt" you should be getting paid one and a half times your regular rate of pay for any overtime hours you work.


Law Firm

The Orange County Law Firm of George Bean Law provides unpaid overtime representation and lawsuit legal services to clients in Southern California, in Orange County, Riverside County and San Diego County; in the cities of Aliso Viejo, Anaheim, Brea, Aliso Viejo, Costa Mesa, Fountain Valley, Fullerton, Irvine, Laguna Niguel, Lake Forest, Garden Grove, San Clemente, Orange, Mission Viejo, Dana Point, San Juan Capistrano, Santa Ana, Huntington Beach, Tustin, Yorba Linda, Laguna Beach, Stanton, La Habra, La Palma, Laguna Woods, Rancho Santa Margarita, Placentia, Westminster, Villa Park, Seal Beach, Los Alamitos, and more.

  • Wrongful Termination
  • ​Discrimination
  • Misclassification
  • Meal Breaks
  • Rest Breaks
  • Unpaid Wages