Claim Types

Common Unpaid Overtime & Wage Claim Types

Wage violations take many forms. Browse the categories below to see which sounds closest to your situation — or just request a free case review and let an attorney sort it out.

Off-the-Clock Work

Required to work before clocking in, after clocking out, or through unpaid breaks — without being paid for that time.

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Misclassification as Exempt

Paid a salary and labeled "exempt," but actual job duties don't meet the legal test for any overtime exemption.

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Independent Contractor Misclassification

Labeled a "1099 contractor" but economically dependent on one company and controlled like an employee.

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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.

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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."

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Meal & Rest Break Violations

In states that require paid rest breaks or specific meal-break conditions, breaks are denied, shortened, interrupted, or missed without a required premium.

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Retaliation for Wage Complaints

Employer fires, demotes, cuts hours, or otherwise punishes an employee for raising concerns about unpaid wages or overtime.

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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.

Learn more about Comp Time Instead of Overtime Pay →

Not Sure Which Applies? Get a Free Case Review