Common questions about overtime pay rights, the FLSA, and how the free case evaluation process works.
The Fair Labor Standards Act (FLSA) is the federal law that establishes minimum wage, overtime pay, recordkeeping, and child labor standards. It applies to most private-sector and government workers in the US and is enforced by the Department of Labor's Wage and Hour Division.
Most employees in the private sector and federal, state, and local government are covered. There are exemptions for certain executive, administrative, and professional employees (the so-called 'white collar' exemptions), but these exemptions have strict requirements that many employers misapply.
The FLSA requires employers to pay covered employees 1.5 times their regular rate of pay for all hours worked over 40 in a workweek. This is sometimes called 'time and a half.' The workweek is a fixed, regularly recurring period of 168 consecutive hours — typically Sunday through Saturday.
Yes — many salaried employees are entitled to overtime. The FLSA's salary exemptions require both a salary test (generally $684/week or more) AND a duties test (the employee's actual job duties must qualify). Paying someone a salary does not automatically make them exempt from overtime.
A willful FLSA violation means the employer either knew it was violating the law or acted with reckless disregard of whether it was complying. A willful violation extends the statute of limitations from 2 years to 3 years, meaning you can recover an additional year of back wages.
No. The FLSA expressly prohibits retaliation against employees who file wage complaints, cooperate with DOL investigations, or file lawsuits under the FLSA. If your employer fires, demotes, cuts your hours, or harasses you for exercising your rights, you may have a separate retaliation claim.
Successful FLSA claimants can recover back pay (unpaid wages for up to 2–3 years), liquidated damages (an equal amount in addition to back pay), plus attorney fees and court costs paid by the employer. The total is often 2× the unpaid wages.
An FLSA collective action (similar to a class action) allows multiple employees who suffered the same type of violation to join together in a single lawsuit. To join, employees must opt in by filing a written consent. Collective actions often result in larger settlements and are more difficult for employers to fight.
Records help but are not required. Under the FLSA, employers are required to keep accurate records of hours worked. If an employer fails to keep records, courts may allow workers to estimate their unpaid time, with the burden shifting to the employer to disprove the estimate.
You can still have an FLSA claim even if you were paid in cash. The FLSA applies regardless of how workers are paid. Document what you can — bank deposits, photos, texts from your employer — and an attorney can help you reconstruct your hours and wages.
Most FLSA cases settle without going to trial. Simple cases may resolve in 3–9 months. Class/collective actions can take 12–24 months or longer. Your attorney will give you a realistic timeline after reviewing your case.
Yes. FLSA attorneys work on pure contingency — they are paid only if you win, and the employer pays their fees. There is no cost to you for the initial evaluation, and no out-of-pocket expenses throughout the case.
Have a question not answered here? Submit a free case evaluation and an attorney will address your specific situation.
