Wage and Hour Violations: Unpaid Overtime Explained

Unpaid overtime is one of the most common wage and hour violations, often affecting employees who don't realize they're entitled to it because of how their job is classified.

Who Is Entitled to Overtime

Under the federal Fair Labor Standards Act, most hourly, non-exempt employees are entitled to overtime pay — generally 1.5 times their regular rate — for hours worked beyond 40 in a workweek.

Certain salaried employees are classified as "exempt" from overtime requirements, but only if they meet specific criteria for job duties and earn above a minimum salary threshold set by federal regulation.

Common Misclassification Problems

Employers sometimes misclassify employees as exempt managers or independent contractors specifically to avoid paying overtime, even when the employee's actual day-to-day duties don't meet the legal exemption criteria.

Job titles alone don't determine exempt status — what matters legally is the employee's actual job duties and how much independent judgment and discretion they genuinely exercise.

Recovering Unpaid Overtime

Employees can generally recover unpaid overtime going back two years, or three years if the violation was willful, plus in many cases an equal amount in liquidated damages as a penalty to the employer.

Claims can be pursued individually or, when many employees are affected by the same practice, as a collective or class action, which can be a more efficient way to address a widespread employer practice.

Frequently Asked Questions

Can my employer just call me a manager to avoid paying overtime?

No — the exempt classification depends on actual job duties, not job title, and misclassification is a common and litigated issue.

Can I be fired for asking about unpaid overtime?

Retaliation for raising a wage complaint is illegal, whether raised internally or through a government agency.

Wage and hour violations can be difficult to spot without a careful review of your job duties and pay records. An employment attorney can help determine whether you've been properly classified and paid.