First, tell your employer that you believe you’re owed overtime pay for the extra hours you’ve worked. Be sure to include the specific dates and hours you worked overtime. If you have any proof, like a calendar or notes, showing the hours worked, share it with your employer.

Next, you can either file a wage claim with the Division of Labor Standards Enforcement (the Labor Commissioner’s Office). You can also file a lawsuit in court against your employer to recover the lost wages, but the Labor Commissioner’s process is easier for workers who cannot obtain a lawyer and there is no maximum amount you can claim.

Additionally, if you no longer work for this employer, you can make a claim for the waiting time penalty pursuant to Labor Code Section 203.

It’s the employer’s job to keep accurate records of employees’ working hours. If they fail to do so, employees can claim unpaid overtime if they provide enough evidence to reasonably estimate the hours worked. The employee’s testimony or credible evidence can be enough to prove the claim. 

After that, it’s up to the employer to provide proof that the hours weren’t worked as claimed. If the employer can’t do that, the employee may receive compensation based on an estimated amount of their hours worked.

Under California labor laws, employees are entitled to be paid overtime wages when they work:

More than 8 hours in a workday

More than 40 hours in a workweek

More than 6 consecutive days in the same workweek