San Francisco unpaid overtime
San Francisco Unpaid Overtime Lawyer
Salaried, given a specialist title, and working far past eight hours a day? Whether overtime is owed depends on what you do, not what you are called.
This page covers unpaid overtime for San Francisco employees. For the statewide rules see California wage and hour, and for other San Francisco claims see the San Francisco hub.
California Overtime in One Table
| Rule | What is owed |
|---|---|
| Daily overtime | 1.5x after 8 hours in a day |
| Double time | 2x after 12 hours in a day |
| Seventh consecutive day | 1.5x for the first 8 hours, 2x after |
| Regular rate | Includes nondiscretionary bonuses and shift differentials |
| Exempt salary floor, 2026 | $70,304 per year. Salaried below this means overtime is owed. |
Figures update January 1 and July 1.
Misclassification Is the San Francisco Pattern
The city’s employers lean heavily on salaried roles with specialist titles. Support and success roles, operations and analyst roles, junior technical roles that follow a defined process. Each of those can be salaried and still owed overtime.
The exemption tests are about duties and independent judgment, not about seniority or how technical the work sounds.
Contractor Status Does Not Settle It Either
Being paid on an invoice does not decide whether you are an employee. California applies a test that asks whether the work is outside the usual course of the business and whether you genuinely run an independent trade.
Where that test is failed, overtime, breaks and expense reimbursement all follow.
Where a San Francisco Overtime Claim Goes
The Labor Commissioner is at 455 Golden Gate Avenue, Suite 9628 on the 9th floor, on (415) 703-5300. A lawsuit goes to San Francisco Superior Court, Civic Center Courthouse at 400 McAllister Street, with federal claims at the Northern District of California, 450 Golden Gate Avenue.
Find Out Where You Stand
Three questions and a phone number. An attorney reads every one, and you hear back within one business day.
San Francisco Unpaid Overtime FAQ
I am salaried at $80,000. Am I exempt?
The salary clears the 2026 floor of $70,304. Whether the duties test is satisfied is a separate and often decisive question.
I am paid as a contractor on an invoice.
That does not decide your status. If the classification is wrong, overtime and other protections follow.
I work from home. Does daily overtime still apply?
Yes. Where you sit does not change the rule.
How Far Back Can I Claim?
Three years, and four where an unfair competition claim applies.
Employment Law Resources
- Labor Code section 510, daily overtime and double time: leginfo
- Labor Code section 2775, employee classification: leginfo
- California Labor Commissioner, overtime and wage claims: dir.ca.gov
- San Francisco Superior Court, civil filing: sfsuperiorcourt.org
Tell Us What Happened
One business day for a response. You pay nothing unless we win.