Unpaid Overtime

Claim the Overtime You’ve Earned

Under federal and state law, most employees are entitled to receive overtime pay when they work more than 40 hours in a workweek. Unfortunately, employers often violate overtime laws—sometimes through subtle practices, and sometimes through outright wage theft.

What Overtime Pay Is Required by Law?

The Fair Labor Standards Act (FLSA) requires that covered, non-exempt employees be paid at one-and-one-half (1.5) times their regular rate of pay for all hours worked over 40 in a single workweek.

The Pennsylvania Minimum Wage Act (PMWA) contains nearly identical overtime protections, but may offer broader coverage in certain circumstances.

Common Examples of Unpaid Overtime Violations

Employers may avoid paying overtime in a variety of illegal ways, including:

Misclassifying workers as exempt salaried employees or independent contractors to avoid overtime obligations.
Failing to count off-the-clock work (such as prep time, clean-up, or administrative tasks done before or after a shift).
Automatically deducting meal breaks even when the employee works through lunch.
Refusing to pay for short periods of extra time worked before or after scheduled shifts.
Averaging hours over two weeks to avoid paying overtime in a single week.
Paying “straight time” for overtime hours instead of the time-and-a-half rate.

Even small amounts of unpaid overtime can add up quickly, especially over months or years.

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Am I Owed Overtime Pay?

You may be entitled to unpaid overtime if:

You worked over 40 hours in a week, but were not paid at one-and-one-half (1.5) times your regular rate of pay for all hours worked over 40.
You performed work off-the-clock or during unpaid breaks.
Your employer altered your timesheets or instructed you not to report extra hours.
You were told you’re “exempt” and paid a salary, but you do not perform exempt job duties.
You were told you’re an “independent contractor,” but your employer controls how, when, and where you work.

Your Right to Take Action

If your employer failed to pay you proper overtime, you may be entitled to:

You may also be eligible to pursue or join a class or collective action if other employees were impacted by the same illegal policies.

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