Overtime pay rights US

{{whyLabel}}: Your job title (e.g., 'Manager') does not determine your rights; your actual duties and salary do.

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• Check if you earn less than $43,888 per year ($844/week); if so, you are likely non-exempt and entitled to overtime regardless of duties.
• Review the 'Duties Test' for Executive, Administrative, or Professional roles (EAP).
• Confirm if you are paid on a 'Salary Basis' (fixed pay regardless of hours).

{{doneWhenLabel}}: You have identified yourself as either 'Exempt' or 'Non-Exempt' under federal law.

{{whyLabel}}: States like California, New York, and Washington have much higher salary thresholds and stricter rules than federal law.

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• Look up your state's 2025 minimum salary for exempt employees (e.g., California is $66,560/year).
• Identify daily overtime rules (e.g., California and Alaska require 1.5x pay after 8 hours in a single day).
• Note 'Double Time' requirements (e.g., 2x pay after 12 hours in a day in CA).

{{doneWhenLabel}}: You have a list of state-specific rules that apply to your location.

{{whyLabel}}: Employers often use subtle methods to avoid pay, such as 'off-the-clock' work or miscalculating rates.

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• Check for 'Off-the-Clock' work: Are you answering emails or doing prep work before/after clocking in?
• Look for 'Comp Time' illegalities: Private employers cannot give time off instead of cash for overtime.
• Check 'Regular Rate' errors: Non-discretionary bonuses and commissions must be included in your 1.5x calculation.

{{doneWhenLabel}}: You have a list of 1-3 specific ways your employer is violating the law.

{{whyLabel}}: Employer records are often the subject of dispute; your own contemporaneous log is powerful evidence.

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• Record start/end times and break durations for the last 30 days.
• Use a simple spreadsheet or a free time-tracking app (e.g., Clockify or Toggl).
• Note any 'mandatory' unpaid meetings or training sessions.

{{doneWhenLabel}}: You have a 4-week log of actual hours worked.

{{whyLabel}}: You need a long-term paper trail to prove a pattern of unpaid overtime and to calculate back pay.

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• Access your employer's payroll portal and download all stubs from the past year.
• Organize them by date in a secure folder.
• Highlight any weeks where you worked over 40 hours but received only your base salary.

{{doneWhenLabel}}: You have a digital folder containing one full year of pay records.

{{whyLabel}}: You cannot negotiate or file a claim without a specific dollar amount.

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• Determine your 'Regular Rate': (Total weekly pay including bonuses) / (Total hours worked).
• Multiply overtime hours by 1.5x that regular rate.
• Subtract any overtime already paid to find the 'Unpaid Balance'.

{{doneWhenLabel}}: You have a final spreadsheet showing the exact amount (e.g., $2,450.50) owed to you.

{{whyLabel}}: Giving the employer a chance to 'correct a mistake' is often the fastest way to get paid and creates a legal record.

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• Write a professional email to HR or your manager.
• State: 'I have reviewed my records and believe I was misclassified as exempt' or 'I noticed hours over 40 were not paid at the 1.5x rate.'
• Attach your calculation summary (not your full evidence yet).

{{doneWhenLabel}}: The email is sent and saved in your 'Sent' folder.

{{whyLabel}}: If the employer refuses to pay, the Department of Labor (DOL) Wage and Hour Division (WHD) can investigate and recover wages for free.

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• Call 1-866-487-9243 or visit the DOL website.
• Provide your employer's contact info, your job duties, and your evidence of unpaid hours.
• Note that all complaints are confidential and you are protected from retaliation.

{{doneWhenLabel}}: You have received a case number from the DOL.

{{whyLabel}}: The DOL may have already recovered money from your employer in a previous investigation.

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• Go to the DOL's WOW application online.
• Search for your employer's name and your own name.
• If found, follow the instructions to claim your electronic payment (mandatory electronic payment as of Oct 2025).

{{doneWhenLabel}}: You have confirmed whether any back wages are already waiting for you.

{{whyLabel}}: Retaliation (firing, demotion, or reduced hours) for filing a wage claim is strictly illegal under the FLSA.

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• Keep a log of every meeting or performance review after your inquiry.
• Save copies of any disciplinary actions or changes in your schedule.
• Forward relevant emails to a personal account immediately.

{{doneWhenLabel}}: You have a 'Retaliation Log' folder with dated entries.

{{whyLabel}}: If the owed amount is large (e.g., >$10,000) or involves complex misclassification, an attorney can secure 'liquidated damages' (double the pay).

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• Look for 'Plaintiff-side Employment Lawyers' in your state.
• Ask for a 'Contingency Fee' arrangement where they only get paid if you win.
• Mention the 'No Tax on Overtime' provision of 2025 to discuss tax implications of a settlement.

{{doneWhenLabel}}: You have completed one free consultation with a legal professional.