Employees who worked more than 40 hours in a week and were not paid overtime. That can include hourly workers, workers paid a flat sum and some salaried workers who mostly do routine tasks.
Workers file individual lawsuits and group cases called collective actions under the Fair Labor Standards Act. The U.S. Department of Labor also accepts wage complaints.
The overtime you were owed, plus an equal amount in damages in most cases, and your attorney fees. The exact amount depends on your pay rate and unpaid hours.
Yes. Federal overtime claims generally must be filed within 2 years of the violation, or 3 years if it was willful. Some states allow more time.
Many wage lawyers take cases on contingency, so you pay nothing up front. The law also lets a court order the employer to pay your attorney fees if you win.
If your employer made you work more than 40 hours in a week and did not pay overtime, you may be able to recover the money in a lawsuit. Many workers do this together with coworkers. This page explains who qualifies, what you can recover, the deadline to sue and the steps to take now.
The U.S. Department of Labor sets out the federal overtime rules in its overtime pay fact sheet. Overtime rules differ by job and by state, so this page is general information and not legal advice.
Important overtime pay update
There is no single national overtime settlement to claim right now. Any email or text asking you to pay a fee to join an overtime settlement is a warning sign. Real wage cases are handled by your own lawyer, a court or the Department of Labor. See our guide to class action settlements with no proof of purchase for how real claims work.
Federal law requires overtime for covered employees unless a specific exemption applies. Claims can be filed against any employer that failed to pay overtime, in federal or state court.
Whether you are owed overtime depends on your pay, your hours and your job duties. Being called a manager or being paid a salary does not automatically make you exempt.
You cannot give up overtime rights by agreement, and an employer cannot avoid paying for overtime hours you actually worked by saying they were not approved. Our guide on how to sue a company explains the basic steps.
The U.S. Department of Labor explains that covered workers must be paid at least one and one half times their regular rate for hours over 40 in a workweek. The regular rate includes most pay for the job and cannot be below minimum wage. For salary, commission or piece rate pay, overtime is based on an average hourly rate, which is total pay divided by total hours worked.
If a worker holds two or more jobs at different rates in one week, the regular rate is a weighted average of those rates. The table below shows common pay situations.
| Pay situation | Overtime owed? | Why |
|---|---|---|
| Hourly worker, 45 hours in one week | Yes | Hours over 40 are paid at one and one half times the regular rate |
| Flat sum paid for overtime | Still owed | A flat sum does not count as an overtime premium |
| Salary for a workweek longer than 40 hours | Often yes | A long regular workweek does not satisfy the law unless an exemption applies |
| 40 hours one week and 50 the next | Yes, for week two | Hours cannot be averaged across two or more weeks |
Overtime claims rely mainly on the Fair Labor Standards Act. Many states also have their own wage laws that can be more generous, so your state law may add to what you can recover.
In a federal overtime collective action, each worker must choose to opt in. In a typical class action, people are included unless they opt out. To see how class settlements pay out, read our guide to class action settlements with no proof of purchase.
Check your pay today.
Compare your pay stubs with the hours you worked each week. If a week with more than 40 hours shows no overtime premium, write it down now while you remember the details.
You do not need perfect records to start, but gathering what you can helps a lot.
Most overtime cases follow a similar path. Your lawyer sends a demand or files a complaint, the employer responds, and both sides exchange time and pay records. In a collective action, coworkers receive notice and can choose to opt in. Most cases settle before trial, and a court may need to approve a wage settlement.
Yes. Under 29 U.S.C. 255, an overtime claim generally must be filed within two years of the violation, or three years if the violation was willful. These are the time limits that matter:
Because older unpaid pay can expire while newer pay is still recoverable, do not wait. A lawyer can tell you which deadline applies to you.
Law: Fair Labor Standards Act
Agency: U.S. Department of Labor, Wage and Hour Division
Where to file: Federal or state court, or a wage complaint with the agency
Official rules: DOL fact sheet on overtime pay
It depends on your pay rate, how many overtime hours went unpaid and how far back your claim reaches. Federal law can add an equal amount in damages plus your attorney fees, so the total can be much higher than the back pay alone.
Yes, in many cases. A salary does not automatically make you exempt. Your job duties and pay level must meet an exemption test, and if you do mostly routine work you may still be owed overtime.
No. The Fair Labor Standards Act bars employers from retaliating against workers who file a complaint or take part in a wage case. If you are punished after raising overtime, tell your lawyer right away.
You can still bring a claim. Your own notes, messages, schedules and coworker accounts can help show your hours, and your lawyer can ask the court to require the employer to produce its time and payroll records.