If you regularly work over 40 hours a week without extra pay, you may be a victim of unpaid overtime. Under federal law, non-exempt employees must receive overtime pay at 1.5 times their regular rate for all hours worked over 40 in a workweek. Not paying overtime is illegal wage theft.
Yes, you can sue your employer for unpaid overtime. If you win, your employer may have to pay all unpaid wages plus an equal amount in liquidated damages (essentially double what you’re owed), along with your attorney’s fees and court costs.
If you’re dealing with unpaid overtime issues and considering legal action against your employer, it’s time to take the next step. The Lore Law Firm is here to support your rights and ensure you get what you deserve. Don’t hesitate to contact us for confidential guidance or call us at 1-800-559-0400 to discuss your situation. Let’s work together to secure your financial future.
Understanding Overtime Pay and Wage Theft
The Fair Labor Standards Act (FLSA) requires employers to pay “time-and-a-half” for all hours beyond 40 in a workweek unless you are specifically exempt. The FLSA generally applies to full-time, part-time, non-exempt and temporary workers, regardless of immigration status.
Who is exempt? Only certain salaried executive, administrative, or professional employees meeting strict criteria. Job title alone doesn’t determine exempt status – just being called a “manager” or receiving a salary doesn’t automatically disqualify you from overtime.
Common overtime violations include:
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Working 40+ hours with no overtime premium
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“Off-the-clock” work (tasks before/after clocking out)
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Misclassification as exempt or independent contractor
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Time-shaving or improper deductions
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Unpaid training or travel time
Important: Overtime pay cannot be waived or contracted away. Even if you agreed in writing to work overtime for no extra pay, that agreement is unenforceable.
Your Right to Sue for Unpaid Overtime
The FLSA explicitly gives employees the right to bring a private lawsuit against employers who fail to pay overtime. The law provides:
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Double damages – unpaid wages plus an equal amount of liquidated damages
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Attorney’s fees and costs paid by the employer
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Collective actions – similarly situated employees can sue together
State laws may provide additional rights. Texas, for example, adopts the federal standard for overtime but the Texas Payday Law may offer additional recovery. The key point: you have the legal right to sue, and courts routinely side with workers when the law has been violated.
How to Take Action
1. Document everything: Keep records of hours worked, pay stubs, timesheets, emails, and any off-the-clock work. Talk to coworkers who may have similar experiences.
2. Consider your options:
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File a complaint with the U.S. Department of Labor (DOL) or state labor agency – free but can be slow, and the DOL has announced that it will not typically seek double damages.
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File a private lawsuit – more control and potentially faster with higher recovery
3. Act quickly: The FLSA statute of limitations is typically 2 years (3 years if willful violation). Every day you wait, you could lose the ability to claim older unpaid hours.
4. Know your protections: It’s illegal for employers to retaliate against you for asserting wage rights. If they fire or punish you for complaining or suing, that’s a separate violation with additional damages.
What You Can Recover
In an unpaid overtime lawsuit, you can recover:
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Back pay for all unpaid overtime hours
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Liquidated damages (equal to your back pay amount)
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Attorney’s fees and costs
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Retaliation damages if applicable
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State law penalties (varies by state)
Example: If you’re owed $5,000 in unpaid overtime, you could recover $5,000 + $5,000 (liquidated damages) + attorney’s fees = $10,000+ total.
Why Consult an Overtime Lawyer
An experienced overtime attorney can:
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Evaluate your case and estimate its value
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Gather evidence properly through legal channels
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Navigate complex procedures and deadlines
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Maximize your recovery
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Work on contingency (no upfront fees)
Most overtime lawyers offer free consultations and only get paid if you win.
Frequently Asked Questions
Q: I’m salaried. Am I still entitled to overtime?
A: It depends on whether you’re exempt. Being salaried doesn’t automatically disqualify you. Many salaried workers are misclassified and entitled to overtime.
Q: What if I signed an agreement waiving overtime?
A: Such agreements are unenforceable. You cannot legally waive your FLSA rights.
Q: How far back can I claim unpaid overtime?
A: Typically 2 years (3 years if willful violation). Don’t delay – the clock is ticking.
Q: Can my employer fire me for suing?
A: No. Retaliation is illegal and creates additional liability for the employer.
Q: Do I have to go to court?
A: Not necessarily. You can file a DOL complaint or your lawyer can often negotiate a settlement without trial.
Q: How much will it cost me?
A: Usually nothing upfront. Lawyers work on contingency, and successful plaintiffs get attorney’s fees paid by the employer.
Q: Can coworkers file together?
A: Yes. FLSA collective actions allow similarly situated employees to sue together.
Q: What’s my first step?
A: Get a free confidential consultation with an employment lawyer specializing in wage and hour cases. Time is critical due to statutes of limitations.
Next Steps for Taking Legal Action
You have the legal right to every penny of overtime you’ve earned. Federal and state laws protect workers and provide strong remedies – often double damages plus attorney’s fees. Don’t let fear stop you from claiming what’s yours. Thousands of workers successfully recover unpaid wages each year.
With the help of an experienced overtime lawyer and protections against retaliation, you can hold your employer accountable. You work hard and deserve fair pay – the law gives you the power to enforce it. Consult an attorney, know your rights, and take action.
If you’re dealing with unpaid overtime issues and considering legal action against your employer, it’s time to take the next step. The Lore Law Firm is here to support your rights and ensure you get what you deserve. Don’t hesitate to contact us for confidential guidance or call us at 1-800-559-0400 to discuss your situation. Let’s work together to secure your financial future.
