Time Limit: The FLSA statute of limitations is generally 2 years (3 years for willful violations). Don't wait — the longer you delay, the more wages you lose.

What Is a Unpaid Overtime Claim?

Employers who fail to pay 1.5× the regular rate for hours worked over 40 per week violate federal law. This is a violation of the Fair Labor Standards Act (FLSA) and/or applicable state wage laws, and affected workers can recover back wages, liquidated damages, and attorney fees.

Common Situations

  • Salaried workers misclassified as exempt
  • Hourly workers denied overtime pay
  • Off-the-clock hours not compensated

What Can You Recover?

Under the FLSA, successful claimants are entitled to:

Recovery TypeAmount
Back PayAll unpaid wages owed (up to 2–3 years)
Liquidated DamagesEqual to back pay amount (automatic if willful)
Attorney FeesPaid by employer if you win
Court CostsPaid by employer if you win
Typical Total Range$5,000 – $50,000

How to Prove Your Claim

Documentation strengthens your case. Before speaking with an attorney, gather what you can:

  • Pay stubs, W-2s, or 1099s
  • Time records, schedules, or timesheets (even unofficial ones)
  • Employment contract or offer letter showing your classification
  • Emails or texts showing hours worked
  • Names of coworkers who experienced the same treatment

Don't have records? That's okay — your attorney can subpoena employer records. Under the FLSA, if an employer fails to keep required records, the courts may give workers the benefit of the doubt.

Frequently Asked Questions

Typical recoveries range from $5,000 – $50,000. Under the FLSA you may recover back pay plus an equal amount in liquidated damages, plus attorney fees paid by the employer. State law may provide additional remedies.
FLSA attorneys work on contingency — you pay nothing unless you win, and the employer must pay attorney fees if you prevail. A free evaluation costs you nothing and helps you understand your options.
Under the FLSA, you generally have 2 years to file (3 years for willful violations). Many states have separate statutes of limitations, sometimes longer. Act promptly to maximize the wages you can recover.
It is illegal under the FLSA for an employer to retaliate against you for filing a wage complaint. If your employer fires, demotes, or harasses you after you raise a wage issue, you may have a separate retaliation claim as well.
If multiple coworkers experienced the same violation, you may be able to bring a collective action under the FLSA or a class action under state law. This often results in much larger recoveries and puts more pressure on employers to settle.