Updated
March 25, 2024
If your employer failed to pay you the minimum wage or the overtime you earned for hours worked over 40 a week, you may have a claim under the federal Fair Labor Standards Act.
What is the Unpaid Overtime in the Workplace Investigation?
If you believe your employer has failed to pay minimum wage or pay you for overtime hours you worked, you may have a claim against your employer under the Fair Labor Standards (FLSA) Act.
Status
Active Investigation
Wage claims proceed under the FLSA — individually or as a collective action
Law at Issue
Fair Labor Standards Act
Requires minimum wage and time-and-a-half overtime beyond 40 hours a week
Estimated Payout
Varies
Back wages and overtime owed depend on hours worked and your state's rules
Proof Required
Yes
Pay stubs, time records, and your work schedule
• Filing a claim for unpaid wages with the U.S. Department of Labor's Wage and Hour Division
• Seeking a settlement through mediation, and/or
• Filing a lawsuit on your behalf and on behalf of other employees in similar situations
What Does The FLSA Say About Paying Overtime?
The Fair Labor Standards Act is federal law that is meant to ensure the right of workers in the U.S. to a minimum wage and time-and-a-half overtime pay when a person has worked over forty hours a week. There are exemptions to this rule for certain types of employees including managers, certain professionals, executives, general contractors, and volunteers. Overtime must be paid on the usual payday for the workweek in which it was earned.In addition, each workweek in the pay period is considered in isolation when determining overtime pay. If an employee works 30 hours one week and 50 hours the next, ten hours overtime must be paid for the second week instead of averaging the hours to pay out two 40-hour weeks at base pay.
Sometimes, overtime is not properly paid because of misclassification of employees. Whether intentional or not, this is a violation of the law.
Off-the-clock work performed before or after a scheduled shift is another common way overtime goes unpaid. For example, a June 2026 FLSA collective action alleges New York City did not pay DSNY Sanitation Officers for a scheduled 15 extra minutes each shift and other pre- and post-shift work.
Under the FLSA, employers are also required to pay minimum wage. The federal minimum wage is currently $7.25 per hour, but many states have their own minimum wage policies that may apply to your situation.
How Do I Qualify for Compensation?
If you believe your employer isn't paying you the correct minimum wage, you can file a federal claim to recover up to $7.25 an hour; however, if your state's minimum wage is higher than the federal minimum wage, you can file a claim with your state’s Wage and Hour Division.Free settlement alerts
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