At A Glance

Who Does the Overtime Pay Lawsuit Affect?

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.

What Is Going On with Overtime Pay Lawsuits?

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.

What Could I Get From an Overtime Pay Lawsuit?

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.

Can I File an Overtime Pay Lawsuit?

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.

How Much Does a Lawyer Cost?

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.

Overtime Pay Lawsuits Let Workers Recover Unpaid Wages

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.

Who Can File an Overtime Pay Lawsuit?

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.

Workers who bring overtime claims include:

Could You Be Owed Unpaid Overtime?

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.

What Circumstances Might Be Relevant?

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.

How Does Overtime Pay Work?

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 situationOvertime owed?Why
Hourly worker, 45 hours in one weekYesHours over 40 are paid at one and one half times the regular rate
Flat sum paid for overtimeStill owedA flat sum does not count as an overtime premium
Salary for a workweek longer than 40 hoursOften yesA long regular workweek does not satisfy the law unless an exemption applies
40 hours one week and 50 the nextYes, for week twoHours cannot be averaged across two or more weeks

What Laws Are Involved?

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.

What you can recover includes:

How Do Collective Actions Compare to Class Actions?

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.

What Can Workers Do Right Now?

You do not need perfect records to start, but gathering what you can helps a lot.

  1. Save pay stubs, W-2 forms, schedules and time records.
  2. Write down the hours you worked each week, including off the clock time.
  3. Keep texts and emails about extra hours or unpaid overtime.
  4. Note your job duties, since they decide whether you are exempt.
  5. Do not sign a release or settlement paper before getting advice.

Questions to Ask Before Hiring an Attorney

What Happens After You File an Overtime Claim?

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.

Workers may wish to:

Is There a Filing Deadline for Overtime Pay Lawsuits?

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:

Key Time Limits for Overtime Claims:

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

You May Also Want to Know

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.