California 7th Day Overtime Lawsuits
Last Updated on January 28, 2025
At A Glance
- This Alert Affects:
- Employees in California who worked more than six days in a row without overtime pay.
- What's Going On?
- Under California law, full-time employees cannot work more than six days in a row without getting overtime. Lawsuits are now being filed on behalf of workers who say they weren't paid properly.
- How Could a Lawsuit Help?
- A class action lawsuit could help workers get back any unpaid overtime wages they may be owed and potentially force their employer to change its pay practices.
- What You Can Do:
- If you worked for more than six days in a row without getting overtime, fill out the form on this page to get in touch.
- Can I Get Fired?
- Federal law protects you against retaliation (firing, demotion, etc.) by your employer.
Attorneys working with ClassAction.org are looking into whether class action lawsuits can be filed on behalf of California workers who may not have been paid proper overtime wages for working more than six days in a row.
Under California law, most full-time workers must be paid time-and-a-half overtime wages for every seventh consecutive day of work, and a lawsuit could help affected employees recover back pay and more.
If you live in California and worked more than six days in a row without extra pay, fill out the form on this page to share your story and help the investigation.
Do I Get Overtime for Working Seven Days in a Row?
In most states, you don’t – but California is different. Under a state law known as the Eight-Hour-Day Restoration and Workplace Flexibility Act, your employer is required to give you a day of rest for every seven consecutive days. If you do work on the 7th day, then you must be paid one-and-a-half times your regular rate for your first eight hours and double your regular rate for any time beyond that.
Who Does the Law Apply To?
The law applies to all full-time California employees so long as they’re not:
Working under a collective bargaining agreement (as these often outline specific overtime rules)
A doctor, surgeon, private school teacher or computer software employee
Already exempt from overtime under the administrative, executive or professional exemption
How Could a Class Action Lawsuit Help?
A class action lawsuit, if filed and successful, could help affected employees recover any unpaid overtime wages they may be owed. It could also force their employer to change the way workers are paid.
Have Other Cases Been Successful?
Yes, there have been many successful lawsuits filed on behalf of workers who were allegedly denied proper overtime wages for working more than six days in a row, though success is never guaranteed. In June 2011, Lowe's agreed to a $600,000 settlement with employees who accused the company of consistently requiring them to work seven days in a row without overtime pay.
Another lawsuit against CVS Pharmacy resulted in a $7.4 million settlement with more than 1,600 pharmacists who were allegedly denied 7th day overtime pay.
Can I Get Fired for Filing a Lawsuit Against My Employer?
Federal law prohibits employers from retaliating against employees who exercise their legal rights. In other words, your employer cannot legally fire you, demote you, or take any adverse action against you in response to you engaging in a protected activity like filing a lawsuit.
Not Paid Overtime for Your 7th Day of Work? Here’s What You Can Do
If you suspect you’re not being paid properly, get in touch with us by filling out the form on this page.
After you’ve filled out the form, an attorney or legal representative may reach out to you directly to learn more about how you’re getting paid and to explain whether you could file a lawsuit for unpaid overtime wages. There’s no cost to fill out the form or speak with someone – and you’re not obligated to file a lawsuit if you later decide you don’t want to.
Before commenting, please review our comment policy.