# Bakersfield Overtime Pay Lawyer | Unpaid Overtime Help > Contact us if you have a question about whether you are owed overtime, double time, commissions, wages, bonus pay, or pay for meal or rest breaks. Source: https://bakersfieldlaborattorney.com/overtime-lawyer/ Firm: Employment Lawyers Group — employee-side employment lawyers since 1993. Serving Kern County, California. Phone: (661) 412-9600 (calling is the fastest way to reach the legal team) Office: 5401 Business Park S, #214, Bakersfield, CA 93309 Contact form: https://bakersfieldlaborattorney.com/contact/ Consultations are free and confidential; cases are taken on contingency. --- ## California Overtime and Double Time Rules Nonexempt employees are entitled to overtime pay. Overtime pay is paid at one and a one half times the employee's regular hourly wage. Overtime comes into play for California employees if they work: - More than 8 hours a day or 40 hours in a week. Double time is owed for work more than 12 hours in a day, or on the seventh consecutive work day without a day off. ### Caregiver Exception These general rules do not apply for **caregivers** in California. Caregivers must work 9 hours in a day or 45 hours in a week to be entitled to overtime. OVERTIME OVER 8 HOURS A DAY or OVER 40 HOURS A WEEK DOUBLETIME 12 or MORE HOURS IN A DAY CAREGIVER TIME 9 HOURS IN A DAY 45 HOURS IN A WEEK ## Defining Nonexempt vs. Exempt Employees Nonexempt employees are employees who do not use any independent discretion in doing their work, or do so less than 51% of the time. [In order to be nonexempt](https://bakersfieldlaborattorney.com/overtime-exemptions/), the employee must earn less than twice the hourly minimum wage. Besides the test of independent discretion, a number of jobs are classified as exempt. These jobs include lawyers, doctors, and highly creative positions such as artists. Managers, supervisors, and leads are exempt if they are paid more than twice minimum wage for every hour worked AND they either supervise two or more full-time employees, or are expected to use independent discretion in doing their job 51% or more of the time. California has different overtime rules than federal overtime laws under the FLSA (Fair Labor Standards Act). Many cities and counties also have their own overtime rules based upon their own minimum wage. Our law firm represents multiple employees and classes of employees in overtime lawsuits. CALL [(661) 412-9600](tel:6614129600)TO SUE FOR OVERTIME ## OVERTIME CALIFORNIA: Penalties and Statute of Limitations Besides recovering the amount of overtime and double time an employee is owed, a lawsuit can recover money for additional Labor Code violations, including: - Interest on past due overtime. - California Labor Code 203 penalties: Entitles the employee to one day of pay for each day all of their wages remain unpaid upon employment ending (up to 30 days). There is a three-year statute of limitations for this claim. - Paystub Violations: A failure to put the correct number of hours worked and the correct rates of pay on a paycheck leads to a potential fine of $100 per paycheck, up to $4,000.00. The statute of limitations for these fines is believed to be one year. Our law firm has experience in Private Attorney General (PAGA) claims, which are brought on behalf of groups of employees who were not paid all wages due, or whose paystubs are not in compliance with the law. The employee shares in the penalties that would otherwise go to the government. ### Working Overtime Employees can be required to work overtime if they are paid for it. It is not wrongful termination for an employer to fire an employee for refusing to work the required hours of overtime. Statutory overtime claims can go back three years in California, but some claims can go back four years. It is important to promptly hire an overtime attorney and file the claim in court, as the statute of limitations does not freeze during the period of time the employee remains employed. #### RECENT OVERTIME PAY VICTORIES FOR EMPLOYMENT LAWYERS GROUP 1. $875,000 for 4 oil field service employees denied meal breaks and on-call 2. $800,000 for 12 employees exposed to overtime and double time abuses 3. $800,000 settlement for emergency workers not paid for all overtime 4. $775,000 for caregivers denied meal breaks, not reimbursed for cell phones 5. $525,000 for overtime due to persons misclassified as independent contractors 6. $350,000 for overtime time not paid at prevailing wage 7. $350,000 for a directional driller whose overtime rate did not include fixed rate bonuses 8. $250,000 for traveling nurse who was on-call 9. $250,000 for 2 oil field service workers whose employer changed their clock-in-out times 10. $150,000 for a solar panel roofer fired, whose normal hourly rate did not include piece rates for overtime purposes CALL [(661) 412-9600](tel:6614129600) FOR AN EXPERIENCED OVERTIME LAW FIRM ## Our Firm: No Upfront Fees or Costs ### Contingency Fee Representation All employment cases for employees are taken on a **contingency basis**. We are only paid a fee **when and if we win** your case, and we **advance all litigation costs**. Our goal is to make expert legal representation accessible to every hardworking employee. ### Serving Kern County We have proudly served all of Kern County since 1993. Ready to discuss your case? (661) 412-9600 Submit A Contact Form The Employment Lawyers Group has successfully handled 2,000+ Separate California Employment Cases ## Media Engagements ## Sample Case Results breach of commission contract $1,150,000 Unpaid commissions of two plaintiffs unpaid wages $875,000 For 4 oil field service industry workers whose times worked were not recorded on timesheets and were on-call forced to work without pay standby pay case $800,000 Controlled stand by class action settlement Disclaimer: These results are based on the facts of these specific cases and do not guarantee or predict a similar result in any future case. ## Practice Areas [Discrimination Age, Disability, FMLA/CFRA, Gender, National Origin, Pregnancy, Race, and Sexual Orientation discrimination claims.](https://bakersfieldlaborattorney.com/discrimination/) [Unpaid Wages & Overtime Recovering earnings for overtime, bonuses, commissions, meal & rest break violations, and prevailing wage claims.](https://bakersfieldlaborattorney.com/unpaid-wages/) [Sexual Harassment Compassionate and effective representation for sexual harassment and hostile work environment claims.](https://bakersfieldlaborattorney.com/sexual-harassment/) [Wrongful Termination Representing employees terminated in violation of public policy, contracts, or California and federal law.](https://bakersfieldlaborattorney.com/wrongful-termination/) [Leaves & Retaliation Protecting employees who face adverse actions after reporting illegal activity or taking protected medical leave.](https://bakersfieldlaborattorney.com/leaves-of-absence/) [Whistleblowers Advocating for employees who report fraud, waste, or abuse under California and federal whistleblower protection laws.](https://bakersfieldlaborattorney.com/whistle-blower/) ## Our California Locations ### Bakersfield [BakersfieldLaborAttorney.com](https://bakersfieldlaborattorney.com) 5401 Business Park S, #214, Bakersfield CA 93309 [(661) 412-9600](tel:6614129600) ### Los Angeles [EmployeeLawCA.com](https://employeelawca.com/) 611 Wilshire Blvd, #1023, Los Angeles CA 90017 [(323) 525-1600](tel:3235251600) ### Orange County [WorkLawyerOC.com](https://worklawyeroc.com) 2522 Chambers Rd, #100, Tustin CA 92780 [(714) 210-8000](tel:7142108000) ### Riverside [RiversideEmploymentLawyer.com](https://riversideemploymentlawyer.com) 9496 Magnolia Ave, #208, Riverside CA 92503 [(951) 367-1000](tel:9513671000) ### Sacramento [SacramentoLaborAttorney.com](https://sacramentolaborattorney.com) 777 Campus Commons Rd, #200, Sacramento CA 95825 [(916) 340-0000](tel:9163400000) ### San Bernardino [EmploymentAttorneySanBernardino.com](https://employmentattorneysanbernardino.com) 337 N. Vineyard Ave, #400, Ontario CA 91764 [(909) 663-2100](tel:9096632100) ### San Diego [SanDiegoEmployeeLawyer.com](https://sandiegoemployeelawyer.com) 330 "A" St, #60, San Diego CA 92101 [(619) 320-3000](tel:6193203000) ### San Francisco / Bay Area [BayAreaEmploymentAttorney.net](https://bayareaemploymentattorney.net) 524 Union St, #400, San Francisco CA 94133 [(877) 525-0700](tel:8775250700) ### San Jose / Silicon Valley [SiValleyLaborLawyer.com](https://sivalleylaborlawyer.com) 111 N. Market St, #300, San Jose CA 95113 [(877) 525-0700](tel:8775250700) ### Sherman Oaks [WorkLawyerCA.com](https://worklawyerca.com) 13418 Ventura Blvd, Sherman Oaks CA 91423 [(818) 783-7300](tel:8187837300) ### Torrance / South Bay [JobTerminationLaw.com](https://jobterminationlaw.com/) 3655 Torrance Blvd, 3rd Floor, Torrance CA 90503 [(310) 842-8600](tel:3108428600) ### Ventura / Oxnard [VenturaEmploymentLawyer.com](https://venturaemploymentlawyer.com) 4030 West Hemlock St, Oxnard CA 93035 [(805) 200-0100](tel:8052000100) ### Additional Sites [BostonLaborLaw.com](https://bostonlaborlaw.com) [DcLaborAttorney.com](https://dclaborattorney.com) [FresnoEmployeeLawyer.com](https://fresnoemployeelawyer.com) [JobLawyer.net](https://joblawyer.net) [MarylandLaborAttorney.com](https://marylandlaborattorney.com/) [ModemStud.com](https://modemstud.com) [VintageLosAngeles.org](https://vintagelosangeles.org) [WorkplaceLawyer.org](https://workplacelawyer.org) ## About Firm Founder, Karl Gerber Firm Founder, **Karl Gerber**, has been an employment and wrongful termination attorney since **1993**. He has represented a wide range of employees throughout California. Mr. Gerber has won **51 of the binding arbitrations and jury trials** he first chaired, and a number of his appeals are published. This deep trial experience is the foundation of the firm's strategic approach to litigation. The employment attorneys employed by the Employment Lawyers Group have worked at the firm well in excess of five years, have also tried many different labor cases, and have all been **extensively trained on employment and wrongful termination law by Karl Gerber**. [Meet Karl Gerber](https://bakersfieldlaborattorney.com/karl-gerber/) ## Ready to Discuss Your Case? Your rights as an employee matter. Submit a contact form and we'll get back to you. Submit A Contact Form [Call (661) 412-9600 Now](tel:6614129600)