Your Guide to Unpaid Wages and Overtime Claims
A comprehensive guide to federal wage laws, including overtime, unpaid break time, records, and what to do if an employer owes you money.
At a glance
Your Guide to Unpaid Wages and Overtime Claims: guide map
Three topics to review before choosing a next step. The full guide explains the conditions and exceptions.
Federal Wage Laws: The Basics
The Fair Labor Standards Act (FLSA) establishes a federal minimum wage, requires overtime pay at one and a half times the regular rate for hours worked over 40 in a workweek, restr
Common Wage Violations
Common forms of wage theft include paying less than minimum wage, not paying overtime, requiring off-the-clock work, automatically deducting meal breaks when employees work through
Short Breaks and Meal Periods Follow Different Pay Rules
Federal law generally does not require an adult employee to receive a rest or meal break, but it does address whether provided time must be paid.
Federal Wage Laws: The Basics
The Fair Labor Standards Act (FLSA) establishes a federal minimum wage, requires overtime pay at one and a half times the regular rate for hours worked over 40 in a workweek, restricts child labor, and sets recordkeeping requirements. The FLSA applies to employees of enterprises with annual gross sales of at least $500,000 and to employees individually engaged in interstate commerce.
Common Wage Violations
Common forms of wage theft include paying less than minimum wage, not paying overtime, requiring off-the-clock work, automatically deducting meal breaks when employees work through them, misclassifying employees to avoid overtime, illegally deducting costs from paychecks, and failing to pay for travel time between job sites.
Short Breaks and Meal Periods Follow Different Pay Rules
Federal law generally does not require an adult employee to receive a rest or meal break, but it does address whether provided time must be paid. Short rest periods, usually 20 minutes or less, generally count as hours worked. A bona fide meal period is different: it is typically 30 minutes or more and is generally unpaid only when the employee is completely relieved from duty to eat a regular meal. A label, automatic deduction, or rule against working during lunch does not by itself decide whether time was actually work. State or local law can require breaks or provide stronger protections.
Exempt vs. Non-Exempt Employees
The FLSA exempts certain categories of workers from overtime. Under the current federal regulations, most executive, administrative, and professional exemptions require a salary of at least $684 per week and qualifying job duties. A job title or salary alone does not establish an exemption. Other exemptions have different tests, and state or local law may provide greater overtime protection.
How to Calculate Overtime Pay
Overtime is calculated on a workweek basis. For each workweek over 40 hours, the employer must pay at least 1.5 times the regular rate. The regular rate includes base pay plus nondiscretionary bonuses, shift differentials, and commissions. Employers cannot average hours over multiple weeks to avoid overtime.
Independent Contractor Misclassification
Some employers misclassify workers as independent contractors to avoid paying wages and employment taxes. The determination depends on the economic reality of the working relationship, including the degree of employer control, the worker's opportunity for profit or loss, and the permanence of the relationship.
Filing a Wage Claim
You can file a complaint with the Department of Labor's Wage and Hour Division or file a private FLSA lawsuit. The statute of limitations is generally two years (three for willful violations). Successful claimants may recover unpaid wages, an equal amount in liquidated damages, and attorney's fees.
Protecting Yourself Going Forward
Keep your own records of hours worked. Save all pay stubs and review them carefully. If you notice discrepancies, raise the issue in writing. Federal law prohibits retaliation against employees who assert their FLSA rights.
Track Hours and Breaks as You Go
A personal log is most useful when it is kept as the work happens. Note your start and end times, unpaid meal breaks, work before or after a scheduled shift, job-site travel, and the dates of any pay changes or complaints. The U.S. Department of Labor updated its WorkWise Timesheet app in 2026 with tools for tracking regular hours, breaks, overtime, and pay. The app is not a substitute for payroll records, but a contemporaneous log can help you compare your records with schedules and pay stubs.
Primary Sources
- U.S. Department of Labor: Fair Labor Standards ActAccessed August 23, 2026
- U.S. Department of Labor: Overtime PayAccessed August 23, 2026
- U.S. Department of Labor: Minimum WageAccessed August 23, 2026
- U.S. Department of Labor: Fact Sheet #22, Hours Worked Under the FLSAAccessed October 7, 2026
- eCFR: 29 CFR 785.18, RestAccessed October 7, 2026
- eCFR: 29 CFR 785.19, MealAccessed October 7, 2026
- eCFR: 29 CFR Part 541Accessed September 22, 2026
- U.S. Department of Labor: Overtime Rulemaking and Court DecisionAccessed September 22, 2026
- U.S. Department of Labor: WorkWise Timesheet updateAccessed October 5, 2026
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