Overtime pay isn’t a luxury—it’s a legal right. Yet, many workers across various industries aren’t being compensated for the extra hours they put in. Whether due to employer oversight, misclassification, or deliberate wage theft, unpaid overtime is a serious violation of labor laws. If you’ve worked beyond your regular hours and haven’t seen the extra pay, it’s time to investigate whether you’re owed money.
Understanding Unpaid Overtime Laws
Under the Fair Labor Standards Act (FLSA), employees who work more than 40 hours per week are entitled to time-and-a-half pay for any extra hours. However, some employers try to evade these laws by misclassifying workers, manipulating timesheets, or refusing to pay overtime.
Not sure if you’re owed unpaid overtime? Here are the biggest warning signs:
Signs You Might Be Owed Unpaid Overtime
1. You’re Working Over 40 Hours a Week—But Your Paycheck Doesn’t Reflect It
If your weekly hours regularly exceed 40, and you’re not receiving 1.5x your regular pay rate for overtime hours, your employer may be violating labor laws. Even if you receive a salary, you might still be entitled to overtime if you don’t meet exemption requirements.
2. You’re Labeled as “Salary Exempt” When You Shouldn’t Be
Many employees are wrongfully classified as exempt from overtime pay. However, exemption status depends on job duties, not just job titles. If your role involves routine, non-managerial tasks and lacks decision-making authority, you may qualify for unpaid overtime even if you’re salaried.
3. You’re Being Asked to Work Off the Clock
Some employers pressure employees to complete tasks before or after shifts without compensation. If you’re answering emails, preparing for work, or handling tasks outside of paid hours, you are still entitled to compensation.
4. Your Employer Adjusts Your Hours to Avoid Paying Overtime
If your employer modifies timesheets or spreads out hours across pay periods to prevent overtime pay, they may be committing wage theft. Manipulating work records to deny overtime is illegal, and you may be entitled to recover unpaid wages.
5. You Receive “Comp Time” Instead of Overtime Pay
Some employers offer comp time (extra time off) instead of overtime pay, which is illegal for private-sector, non-exempt employees. Overtime must be paid in wages, not time off.
6. You’re Paid a Day Rate or Flat Salary With No Overtime
If you receive a fixed daily rate or flat weekly salary but work over 40 hours, your employer may still owe you unpaid overtime. Your classification must meet specific legal requirements to be exempt from overtime pay.
What to Do If You’re Owed Unpaid Overtime
If you suspect your employer has failed to pay you properly, you have legal options to recover your lost wages.
1. Track Your Hours
Start keeping detailed records of when you clock in and out, including any unpaid work completed off the clock. Employer records may not always be accurate, and your documentation strengthens your case.
2. Check Your Paystubs
Review your paystubs to ensure your hourly rate and overtime pay calculations are correct. If you’re unsure, an employment lawyer can help you analyze discrepancies.
3. File a Complaint With the U.S. Department of Labor
The Wage and Hour Division (WHD) of the U.S. Department of Labor investigates unpaid overtime claims. Filing a complaint can lead to an official investigation into your employer’s practices.
4. Speak With an Employment Lawyer
A wage and hour attorney can help you understand your rights and take legal action if necessary. Many employment lawyers offer free consultations, so you can explore your options without risk.
5. Take Legal Action
If your employer refuses to pay, you may be able to file a lawsuit for unpaid wages. Successful cases often result in employees receiving back pay, damages, and attorney fees.
Final Thoughts: Fight for What You’re Owed
If you’ve worked overtime and haven’t been compensated fairly, you have the right to demand your wages. Employers who violate wage laws can be held accountable, and you shouldn’t hesitate to take action.
Need Legal Help?
At David Gallo Law, we specialize in wage theft cases, unpaid overtime claims, and employment disputes. If you suspect you’re missing overtime pay, contact us today for a consultation. We’ll fight to recover the wages you deserve.
