Your rights
My employer didn't pay me overtime. What can I do?
Key takeaways
- Most employees must be paid at least one and a half times their regular rate for hours over 40 in a workweek.
- You can file a free, confidential complaint with the U.S. Department of Labor, and your employer may not retaliate against you for it.
- Watch the deadline: back wages can generally be recovered for 2 years, or 3 years if the violation was willful.
Working late without overtime pay is not normal just because everyone does it. Under the Fair Labor Standards Act (FLSA), covered employees who are not exempt must get overtime pay of at least one and a half times their regular rate of pay after 40 hours of work in a workweek.
The federal minimum wage is $7.25 an hour. Many states set a higher minimum wage or stricter overtime rules, and when they do, the rule that pays you more generally applies.
Your rights to overtime and minimum wage
- Overtime at time and a half. Not less than one and a half times your regular rate for hours over 40 in a workweek.29 U.S.C. § 207
- The federal minimum wage. Not less than $7.25 an hour, in effect since July 24, 2009.29 U.S.C. § 206
- Records of your time and pay. Employers must keep employee time and pay records and display the official FLSA poster.FLSA
- No retaliation. An employer cannot retaliate against you for exercising your rights, filing a complaint or cooperating with an investigation.29 U.S.C. § 215(a)(3)
Are you owed back pay? A quick check
- Count your hours for each workweek, not across two weeks. Overtime is counted per workweek.
- Compare the hours over 40 with what your pay stub shows for those hours.
- Check your state's minimum wage and overtime rules; they can give you more than federal law.
- Gather pay stubs, your own notes of hours worked, schedules and messages about your hours.
How to file a wage complaint, step by step
- Collect your information. Pay stubs, personal records of hours worked and anything else about how your employer pays you.
- Contact the Wage and Hour Division. Call 1-866-487-9243, reach out online, or visit a Wage and Hour office. Filing is free.
- Your complaint stays confidential. The name of the person who complains and the nature of the complaint are not disclosed.
- The Division decides the next step. It works with you to answer questions and decide whether an investigation is the right course.
How long do I have?
The FLSA has a two-year limit for violations that were not willful and a three-year limit for willful ones. Unless the violations were willful, back wages can only be recovered for two years from when they happened, so act early.
Can I handle this on my own, or do I need a lawyer?
Many workers start with a free complaint to the Department of Labor. If a lot of money is at stake, you were fired or punished for complaining, or you are unsure whether you are exempt, talk to an employment lawyer or a legal aid office.
Common questions
Can my employer fire me for complaining about overtime?
An employer cannot retaliate against a worker for exercising their rights, filing a complaint or cooperating with an investigation.
Does filing a complaint cost anything?
No. Contacting the Wage and Hour Division and filing a complaint is free.
Will my employer find out I complained?
Complaints are confidential: the Division does not disclose the name of the person who complained or the nature of the complaint.
How far back can I claim unpaid overtime?
Generally two years, or three years if the violation was willful.
Official sources
- U.S. Department of Labor: Wages and the Fair Labor Standards Act dol.gov
- U.S. Department of Labor: State minimum wage laws dol.gov
- U.S. Department of Labor: How to file a complaint dol.gov
- U.S. Department of Labor: Complaints and the investigation process (FAQ) dol.gov
- U.S. Department of Labor: Handy reference guide to the FLSA dol.gov
Rules in your state
Other states: federal law above is the floor; your state can add more.
Related
This page explains the law in general terms. It is not legal advice about your situation. Justice is not a law firm and is not affiliated with any court or government agency.