Workers who believe they were not paid required overtime can report the issue to the U.S. Department of Labor’s Wage and Hour Division or an appropriate state labor agency. Before filing, it helps to organize work schedules, pay records, and an estimate of the wages involved.
A worker does not need perfect records to ask for help. Employers covered by federal wage law generally have their own recordkeeping responsibilities. Personal records can still make it easier to explain when the problem occurred and how much work was performed.
Check Whether Overtime May Be Owed
Under the federal Fair Labor Standards Act, or FLSA, covered nonexempt employees generally must receive overtime pay at one and one-half times their regular rate for hours worked over 40 in a workweek.
Federal overtime is normally calculated by workweek, not by pay period. An employer generally cannot average a 50-hour week and a 30-hour week into an 80-hour two-week pay period to avoid federal overtime.
State law may use different rules. Some states require overtime after a certain number of hours in a day, provide special rules for particular industries, or protect workers who are not covered by the federal requirement.
Do Not Assume Salary Means No Overtime
Being paid a salary, having a professional-sounding title, or being called a manager does not automatically make a worker exempt from overtime.
An exemption may depend on several factors, including:
The worker’s actual job duties
How the worker is paid
The amount of compensation
Whether a specific statutory exemption applies
Job duties matter more than the title printed on a business card. A worker labeled a manager may still be entitled to overtime if the person’s actual responsibilities do not satisfy an applicable exemption.
Independent contractors are also treated differently from employees, but a company’s label does not control the result. The legal relationship depends on the facts and the applicable classification test.
Identify All Potentially Unpaid Work
Overtime problems do not always appear as missing hours on a timecard. Review whether the employer excluded compensable work performed before, after, or between scheduled shifts.
Examples may include:
Preparing equipment before clocking in
Closing or cleanup work after clocking out
Required security checks
Required training or meetings
Work completed at home
Reading or responding to work messages
Traveling between job sites during the workday
Interrupted unpaid meal periods
Automatically deducted breaks that were not taken
Work performed “off the clock”
Time removed or changed by a manager
Different rules apply to commuting, on-call time, travel, sleep periods, training, and meal breaks. Record what happened rather than assuming every disputed period is automatically compensable.
Create a Workweek-by-Workweek Timeline
List the hours worked during each workweek. Use the employer’s established workweek if known. It may not run from Monday through Sunday.
For each day, record:
Start time
End time
Meal and rest breaks
Work performed before clocking in
Work performed after clocking out
Remote or off-site work
Total hours worked
Hours shown on the employer’s records
Pay received
Separate the calculation by week. Identify every week that exceeded the applicable overtime threshold.
If exact times are unavailable, make a reasonable estimate based on schedules, messages, calendar entries, transportation records, or consistent work routines. Label estimates honestly rather than presenting them as exact records.
Gather Pay and Time Records
Collect documents that show how the employee worked and was paid. Useful records can include:
Pay stubs
Timecards or time-clock screenshots
Work schedules
Payroll statements
Employment agreements
Offer letters
Employee handbooks
Commission or bonus records
Direct-deposit records
Cash payment notes or check images
Emails and text messages about work
Calendar entries
Dispatch or delivery records
Login and logout records
Relevant performance reports
Save records somewhere the employer cannot disable, such as a personal device or secure personal account. Preserve the original date and context when possible.
Do not take confidential customer information, trade secrets, medical records, or other documents the worker is not authorized to possess. A worker who is unsure what may lawfully be copied should seek legal advice.
Record Any Changes to Time Entries
If a manager changed a timecard, write down:
The original entry
The changed entry
Who made or requested the change
When the change occurred
The explanation given
Whether the employee objected
Who witnessed the conversation
Take a lawful screenshot or preserve an available audit record when possible. If the system does not allow a copy, create a dated personal note shortly after discovering the change.
Also document instructions not to report overtime, requests to work after clocking out, or policies requiring approval before overtime. An employer may discipline an employee for violating a scheduling policy in some circumstances, but it generally must still pay for compensable work it knew or should have known was performed.
Estimate the Amount Owed
Start with each affected workweek. Compare the hours worked with the hours paid and determine which hours may qualify for overtime.
The overtime calculation is not always as simple as multiplying the hourly wage by 1.5. The regular rate may include certain nondiscretionary bonuses, commissions, shift differentials, or other compensation.
Workers paid a salary, day rate, piece rate, or multiple hourly rates may require a different calculation. Keep the underlying records and avoid rejecting a complaint simply because the exact amount is difficult to determine.
The Wage and Hour Division or a qualified employment attorney can evaluate the proper regular rate.
Gather Employer Information
The Wage and Hour Division asks for enough information to identify the employer and understand the work relationship. Prepare:
The worker’s name and contact information
The company’s legal or commonly used name
The worksite address
The company’s main address, if different
The employer’s phone number
Names of owners or managers
The type of work performed
Approximate employment dates
How and when wages were paid
A description of the overtime problem
The names of other affected workers, if known
A worker who does not know the employer’s legal name can provide identifying information from paychecks, work vehicles, uniforms, schedules, signs, or payroll deposits.
Consider Raising the Issue Internally
A worker may choose to ask payroll, human resources, or a manager to correct the problem. Review the employer’s wage-dispute process and submit the concern in writing.
A short message can identify:
The affected workweeks
The hours believed to be missing
The work performed
The related pay stubs or time records
A request for review and written correction
Keep the tone factual. Do not alter records or exaggerate hours.
An internal report can resolve an error, but workers should be careful about approaching filing deadlines. Federal law generally does not require a worker to complete an employer’s internal complaint process before contacting the Wage and Hour Division.
File With the Wage and Hour Division
The U.S. Department of Labor’s Wage and Hour Division investigates possible violations of federal wage laws. Filing a complaint is free.
A worker can begin by contacting a local Wage and Hour Division office or calling the agency’s worker helpline at 1-866-487-9243. The agency can ask questions about coverage, exemptions, available records, and the complaint process.
The worker should explain:
What job was performed
How compensation was calculated
How many hours were generally worked
Which hours were not recorded or paid correctly
When the practice began
Whether the problem is continuing
Whether other workers may be affected
Whether retaliation has occurred
Workers can contact the agency even if they do not have every requested document. The Department of Labor states that its wage-enforcement services are available regardless of a worker’s immigration status.
Understand Confidentiality
The Wage and Hour Division states that complaints are confidential. It generally does not disclose the complainant’s name, the nature of the complaint, or whether a complaint exists.
There are limited exceptions. A worker’s identity may need to be disclosed with permission when necessary to pursue an allegation, or disclosure may be ordered by a court.
An investigation may still cause an employer to guess who raised the concern, particularly in a small workplace or when only a few employees are affected. Workers concerned about identification can discuss that risk with the investigator before providing information.
Know What an Investigation May Include
A Wage and Hour Division investigation may involve:
An opening conference with the employer
Review of payroll and time records
Private employee interviews
Analysis of job duties and pay practices
Calculation of possible back wages
A final conference with the employer
Requests to correct unlawful practices and pay wages owed
The agency may investigate more workers or a longer pattern than the original complaint identifies. The complainant should respond promptly to requests for information and update the investigator if contact details change.
File Before the Deadline Expires
Under the FLSA, the usual limitations period for recovering unpaid overtime is two years. It may extend to three years for a willful violation.
Each unpaid payday or workweek may raise separate timing issues. Filing an agency complaint does not always protect every possible deadline in the same way as filing a lawsuit.
Workers should act promptly, especially when the unpaid work began more than a year ago. A state wage claim or private lawsuit may have a different deadline.
Compare the Federal and State Processes
A state labor department may enforce overtime rules that are more protective than federal law. Depending on the state, a worker may be able to file:
A federal Wage and Hour Division complaint
A state wage claim
A local labor standards complaint
A private lawsuit
A union grievance
Another administrative claim
These options may have different deadlines, remedies, filing requirements, and rules about pursuing more than one claim. Before accepting a settlement or signing a wage release, consider asking a qualified attorney how it could affect other rights.
Document Possible Retaliation
Federal law prohibits an employer from firing or discriminating against a worker for protected activity such as asserting wage rights, filing a complaint, or cooperating with an investigation.
Retaliation can include more than termination. Depending on the facts, it may involve:
Reduced hours
Demotion
Threats
Harassment or intimidation
Undesirable assignments
Discipline
Blacklisting
Adverse schedule changes
Immigration-related threats
Write down what happened, when it occurred, who was involved, and what was said. Save schedules, evaluations, messages, and other records showing a change after the complaint.
Report suspected retaliation promptly. Possible remedies may include reinstatement, lost wages, and other relief, depending on the law and circumstances.
Keep the File Organized
Maintain a complaint folder containing:
A weekly hour log
Pay records
Supporting messages and schedules
The wage estimate
Copies of complaints
Agency correspondence
Investigator contact information
Notes from interviews
Records of any payment offered
Evidence of possible retaliation
Continue recording hours while the complaint is pending if employment continues. Do not rely on the employer’s system as the only source of information.
A strong unpaid overtime complaint does not require a perfect calculation. It requires a clear account of the work performed, the pay received, and the weeks in which the two do not match. Filing promptly and preserving independent records can make the issue easier for an agency or attorney to evaluate.
Disclaimer: This article provides general educational information and is not individualized legal advice. Overtime coverage, exemptions, filing deadlines, damages, and complaint procedures vary according to the worker, employer, industry, state, and jurisdiction. Workers may wish to consult a labor agency, union representative, or qualified employment attorney about a specific claim.
