Understanding Overtime Pay: Are You Owed More Than You Think?
Published 11 Aug 2025
In an age where workers face increasingly complex workplace challenges, understanding your rights is essential. Many workers are owed overtime they never received. Learn who qualifies, how overtime is calculated, and how to recover unpaid overtime.
Key takeaways
Non-exempt employees must be paid 1.5x for hours over 40 per week
Your job title does not determine overtime eligibility
Employers cannot average hours over two weeks to avoid overtime
You can recover up to 3 years of unpaid overtime plus liquidated damages
Who Qualifies for Overtime Pay
Under the FLSA, non-exempt employees must receive overtime pay at 1.5 times their regular rate for all hours worked over 40 in a workweek. Most hourly workers are non-exempt. Salaried workers may also be non-exempt if they earn below the salary threshold or their job duties do not meet the criteria for exemption.
Common Overtime Violations
Misclassification as Exempt
Giving you a salary and exempt title when your duties do not meet the legal criteria for exemption.
Off-the-Clock Work
Requiring you to work before clocking in, after clocking out, or respond to communications outside paid hours.
Comp Time Instead of Overtime Pay
Private employers generally cannot offer compensatory time off instead of overtime pay.
Averaging Hours Across Pay Periods
Your employer cannot average your hours over a two-week pay period. Overtime is calculated weekly.
How to Recover Unpaid Overtime
File a complaint with the Department of Labor or work with an employment lawyer to file a private lawsuit. You can recover unpaid overtime, liquidated damages, and attorney fees.
Frequently Asked Questions
Can my employer fire me for asking about overtime pay?
No. Retaliating against you for raising concerns about overtime is illegal under the FLSA.
I am paid a salary. Does that mean I am exempt from overtime?
Not necessarily. Being paid a salary is only one factor. You must also earn above the threshold and perform qualifying duties.
What if I did not keep track of my hours?
It is the employer's responsibility to maintain accurate time records. You can estimate your hours using available evidence.
Need Legal Help?
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