Unpaid Overtime: Do You Have a Case?

Working 50, 60, even 70 hours a week but only getting paid for 40? Many workers face this situation. Here's educational information about overtime laws that may help you understand your rights and options.

⚠️ Important Disclaimer

This is educational information only, NOT legal advice. We are not attorneys and cannot provide legal advice. Every situation is different. For advice about your specific situation, you must consult a licensed attorney in your state.

Understanding Overtime Pay Laws

General Information: What Federal Law Says About Overtime

Under federal law (the Fair Labor Standards Act), most employees must be paid 1.5 times their regular hourly rate for every hour worked over 40 hours in a workweek. This is commonly referred to as "time and a half."

Note: This is general legal information. Your specific situation may differ based on your state, industry, job classification, and other factors. Consult an attorney for advice about your particular circumstances.

Example:

If you make $20/hour, your overtime rate is $30/hour. If you work 50 hours in a week:

40 hours × $20 = $800
10 overtime hours × $30 = $300
Total owed: $1,100

Who Qualifies for Overtime?

Most hourly employees qualify. But there are some exceptions:

❌ Who Doesn't Get Overtime:

Executive, administrative, professional employees (must meet specific criteria)
Outside sales employees
Computer professionals making over $35,568/year
Independent contractors (careful—many workers are misclassified!)

✅ Common Jobs That DO Get Overtime:

Retail workers
Restaurant servers and cooks
Factory workers
Delivery drivers
Healthcare workers (nurses, CNAs)
Security guards
Administrative assistants

Common Employer Tricks to Avoid Paying Overtime

🚨 Watch Out for These Tactics:

Calling you a "manager" but you have no real management duties
Making you work "off the clock" before or after shifts
Paying you a "day rate" regardless of hours worked
Forcing you to work through lunch without pay
Rounding down your hours on timesheets
Requiring "volunteer" work for company events
Misclassifying you as "independent contractor"

How to Calculate What You're Owed

Step 1: Document Your Hours

Time sheets (yours and the company's)
Clock-in/clock-out records
Email timestamps showing you were working
Text messages from your boss

Step 2: Calculate for the Past 2-3 Years

You can typically recover unpaid wages for the past 2 years (or 3 years if the violation was "willful").

Example Calculation:

If you worked 10 hours of unpaid overtime per week for 2 years at $20/hour:

Overtime rate: $30/hour
10 hours/week × 52 weeks × 2 years = 1,040 hours
1,040 hours × $30 = $31,200 owed!

Educational Information: What Steps Some People Take

Disclaimer: The following is educational information about what some people have done in similar situations. This is NOT advice on what YOU should do. Every situation is different and you should consult an attorney before taking any action.

Information Point 1: Documentation

In wage disputes, documentation often plays a key role. This might include: time sheets, pay stubs, emails about hours worked, text messages from managers, and company policies.

Information Point 2: Understanding Your Claim

It can be helpful to understand how overtime calculations work. Our analysis tool can help you understand the general concepts.

Information Point 3: Communication

Some people start by communicating with HR in writing about pay concerns. An attorney can advise you on the best approach for your situation.

Information Point 4: Government Resources

The Department of Labor has resources for filing wage complaints. However, the best approach for your specific situation should be determined with legal counsel.

Information Point 5: Legal Representation

Many employment attorneys offer consultations to evaluate cases. Only an attorney can advise you on whether legal action is appropriate for your situation.

State-by-State Overtime Laws

Some states offer MORE protection than federal law:

California: Overtime after 8 hours per day (not just 40/week) + double time after 12 hours
Alaska: Overtime after 8 hours per day or 40 hours per week
Colorado: Overtime after 12 hours per day or 40 hours per week
Nevada: Overtime after 8 hours per day

Educational Resources: Where to Learn More

Federal (Department of Labor):

Website: dol.gov/agencies/whd/contact/complaints
Phone: 1-866-4US-WAGE (1-866-487-9243)
No cost to file
Can be anonymous

State Labor Departments:

Each state has its own wage and hour division. Google "[Your State] Department of Labor wage complaint" to find your local office.

Educational Information: Consulting an Attorney

Only a licensed attorney can advise you on whether you have a case and what actions to take. The information above is educational only.

Some situations where people commonly consult employment attorneys include:

• Situations involving significant unpaid wages
• Cases where multiple workers may be affected
• Situations involving potential retaliation
• Cases where government investigations have stalled
• Any wage dispute - an attorney can evaluate your specific situation

💡 General Information:

Many employment attorneys offer free consultations to evaluate potential cases. Some work on contingency fee arrangements. An attorney can explain your options and whether legal action makes sense for your situation.

General Information: What Sometimes Happens in Wage Cases

This is educational information about wage dispute processes. Your situation will be unique. An attorney can explain what to expect in your specific case.

Here's the typical timeline:

Week 1-2: File complaint with DOL or hire lawyer
Month 1-3: DOL investigates or lawyer sends demand letter
Month 3-6: Settlement negotiations (most cases settle here)
Month 6-18: Lawsuit if no settlement (rare)

General information about possible outcomes in wage cases:

• Recovery of unpaid wages may be possible in some cases
• Additional damages may be available depending on circumstances
• Fee arrangements vary - discuss with an attorney
• Each case is unique and outcomes vary

Only an attorney can tell you what to expect in your specific situation.

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Disclaimer: This article provides educational information only and is NOT legal advice. We are not attorneys and cannot provide legal advice. Every situation is unique and laws vary by state and jurisdiction. You must consult with a licensed attorney in your state for advice about your specific situation. No attorney-client relationship is created by reading this article or using this website.