The Worker's Guide to Unpaid Overtime & Wage Claims

This guide explains, in plain language, how unpaid overtime and wage claims generally work. It's educational information, not legal advice about your specific situation.

The Basic Rule: The FLSA

The federal Fair Labor Standards Act (FLSA) generally requires that non-exempt employees be paid at least the federal minimum wage for all hours worked, and overtime pay (time-and-a-half) for hours worked beyond 40 in a workweek. Many states layer additional protections on top of the FLSA — see our state-by-state guide.

Common Ways Overtime Rules Get Broken

• Off-the-Clock Work — Required to work before clocking in, after clocking out, or through unpaid breaks — without being paid for that time.
• Misclassification as Exempt — Paid a salary and labeled "exempt," but actual job duties don't meet the legal test for any overtime exemption.
• Independent Contractor Misclassification — Labeled a "1099 contractor" but economically dependent on one company and controlled like an employee.
• Tipped Employee / Minimum Wage Violations — Employer takes a "tip credit" but doesn't make up the difference, misuses tip pooling, or assigns too much non-tipped work at the lower wage.
• Unpaid Commissions & Bonuses Excluded From Overtime — Overtime calculated only on base hourly pay, leaving out commissions or non-discretionary bonuses that legally must count toward the "regular rate."
• Meal & Rest Break Violations — In states that require paid rest breaks or specific meal-break conditions, breaks are denied, shortened, interrupted, or not paid a required premium when missed.
• Retaliation for Wage Complaints — Employer fires, demotes, cuts hours, or otherwise punishes an employee for raising concerns about unpaid wages or overtime.
• Comp Time Instead of Overtime Pay — A private-sector employer gives paid time off ("comp time") instead of cash overtime pay — generally not permitted for private employers.

Are You "Exempt" or "Non-Exempt"?

Whether you're entitled to overtime doesn't depend on your job title or whether you're paid a salary — it depends on your actual job duties and, in some cases, your salary level. Many workers are told they're "exempt" when their day-to-day responsibilities don't actually meet the legal test for any exemption.

What About Independent Contractors?

Being labeled a "1099 contractor" doesn't automatically mean you're not entitled to overtime protections. Classification depends on the real nature of the working relationship — how much control the company exercises, and how economically dependent you are on that one company — not just the paperwork.

Deadlines Matter

Wage and hour claims are subject to filing deadlines that depend on the law involved and whether a violation is found willful. These deadlines can be shorter than people expect, and they vary by state. Because of this, it's best not to wait to get information about your situation — see our FAQ for more on timing.

What Happens When You Request a Case Review

You submit basic information about your work situation. That information may be shared with a participating employment attorney in your state who handles overtime and wage claims. There's no cost to you, and no obligation to move forward — see our full how it works page.