What Counts as Overtime Wage Theft?
- Not paying 1.5× rate for hours over 40 per week
- Misclassifying you as exempt when you're not
- "Off the clock" work — checking email, preparation, cleanup
- Illegal tip credits reducing overtime base rate
- Falsified time records
- Averaging hours across weeks to avoid overtime threshold
Step 1: Document Everything
Before filing any claim, collect:
- Pay stubs showing hours and pay rates
- Your own time records (calendar entries, door badge logs, emails)
- Employment contract or offer letter
- Any written or verbal communications about hours or pay
Step 2: Calculate What You're Owed
Use our overtime calculator to determine your correct gross pay. Compare it to what you actually received. Document the gap for each pay period.
Step 3: File a Claim
You have several options:
- U.S. Department of Labor (WHD): File online at dol.gov/agencies/whd. Federal statute of limitations: 2 years (3 for willful violations).
- State Department of Labor: Often faster and may cover additional protections. Deadlines vary: California (3 years), New York (6 years).
- Private lawsuit: An employment attorney can file suit and may take the case on contingency (no upfront cost). You can recover back pay, liquidated damages (double pay for willful violations), and attorney's fees.
Statute of Limitations
| Jurisdiction | Time Limit |
|---|
| Federal (FLSA) | 2 years (3 if willful) |
| California | 3–4 years |
| New York | 6 years |
| Texas | 2 years |
Frequently asked questions
Can my employer require me to work overtime?
Yes. Employers can require overtime work. However, they must pay the required overtime premium (1.5x or higher per state law) for hours over the threshold. Refusing to work overtime may result in termination, but employers cannot refuse to pay overtime premiums that are legally owed.
What should I do if I think I'm owed unpaid overtime?
Document everything: save pay stubs, time records, emails, and any communications about hours worked. Calculate what you believe is owed. Contact your employer in writing first. If they don't respond satisfactorily, file a complaint with your state Department of Labor or the U.S. Department of Labor Wage and Hour Division. Consider consulting an employment attorney for large amounts.
Is my salaried position automatically exempt from overtime?
No. Many salaried positions still qualify for overtime pay. Exemption requires: (1) earning above the minimum threshold (~$35,500 federally, varies by state), and (2) spending more than 50% of time in exempt duties (executive, professional, administrative). If unsure, file a wage claim or consult an employment attorney.
Can I get overtime pay if I work multiple jobs?
Federal overtime laws (FLSA) typically count only hours for a single employer. However, some states have more generous rules. Hours worked for different employers at the same time usually don't combine for overtime purposes unless you're an independent contractor. Check your state's Department of Labor for specific rules.
What's the statute of limitations for claiming unpaid overtime?
Federally, you have 2-3 years to file a lawsuit for unpaid wages (3 years for willful violations). State laws vary: California allows 3-4 years, New York allows 6 years. For administrative complaints, the timeframe is often shorter (1-2 years). Act quickly if you believe you're owed wages.
Do I have to be paid for meal breaks?
If you work during a meal break or cannot take a true break away from your workstation, that time must be paid. If you take an actual, uninterrupted break (usually 20+ minutes), it can be unpaid. Rules vary by state—check your state's Department of Labor for specifics.