I Didn’t Get Paid for Overtime

All too often, dedicated workers put in extra hours—arriving early, staying late, or checking emails off the clock—only to find that their hard work goes uncompensated. Whether you’re a retail associate, a hospitality worker, or a salaried employee misclassified as exempt, failing to receive overtime pay can take a serious toll on your finances and morale. Federal and state laws exist to protect you, but navigating the process of claiming what you’ve earned can feel overwhelming. Below, we walk through the steps you can take to identify unpaid overtime, assert your rights, and secure the compensation you deserve.

Recognizing Unpaid Overtime

• Regularly working beyond a 40‑hour week without receiving time‑and‑a‑half pay
• Performing tasks “off the clock,” such as logging in early, checking messages after hours, or attending mandatory meetings without compensation
• Being classified as exempt from overtime despite performing non‑exempt duties
• Having mandatory training, travel time, or preparatory work excluded from recorded hours
  

Unpaid overtime often hides in plain sight. Your employer might ask you to punch out and continue working, or insist that certain tasks—like setting up equipment or completing paperwork—aren’t compensable. In other cases, misclassification as an “exempt” manager or professional can strip you of overtime protections even when your actual duties don’t meet the exemption criteria. Identifying these patterns is the first step: keep an eye out for any time you’re required to work without pay, whether it’s before your official start time, during unpaid breaks, or after you’ve technically left the premises.

Understanding Your Legal Rights Under the FLSA

• Under the Fair Labor Standards Act, most employees are entitled to overtime at one‑and‑a‑half times their regular rate for hours worked over 40 in a workweek (DOL FLSA Overview)
• The FLSA covers full‑time, part‑time, and temporary workers, regardless of immigration status
• Certain white‑collar exemptions apply only if you meet strict salary and duties tests—job title alone does not determine exempt status
• State laws may provide additional protections or higher overtime thresholds
  

The FLSA sets the floor for overtime protections nationwide, but many states—such as California and New York—enforce even more generous rules. Employers cannot override these protections through employment contracts or handbooks. If you’ve been denied overtime pay, it’s crucial to understand both federal and state requirements. Exemptions for executives, administrators, and professionals hinge on a combination of salary level and actual job duties; simply being called a “manager” doesn’t exempt you if you spend most of your time performing routine tasks. Consulting reliable government resources can clarify whether your role qualifies for overtime pay under the law.

Documenting Your Unpaid Work Hours

• Maintain a personal log of all hours worked, including start and end times, meal breaks, and any off‑the‑clock activities
  
• Save emails, text messages, or calendar invites that show you performed work outside scheduled hours
  
• Ask coworkers to corroborate your records, and request brief written statements if they witnessed uncompensated work
  
• Retain copies of pay stubs, timecards, and any company policies on overtime and timekeeping
  

A clear, contemporaneous record is your strongest evidence. Even if your employer’s official system shows fewer hours, your personal log—backed by communications and witness accounts—can demonstrate the true extent of your work. Note every instance of overtime, however small, and preserve any documents that reference your extra efforts. If you raised concerns internally, keep copies of complaints you submitted to HR or management. These records will be vital when you file a claim with the Department of Labor or a state labor agency.

Filing a Wage Claim with the Department of Labor or State Agency

• File a complaint with the Wage and Hour Division of the U.S. Department of Labor within two years of the violation (three years for willful violations) (How to File a Complaint)
  
• Alternatively, submit a claim to your state’s labor department—many states, like California, allow filing online or by mail (CA DIR Overtime Information)
  
• Provide detailed information about your employer, work hours, and the unpaid overtime you believe you’re owed
  
• The agency will investigate, attempt mediation, and may recover back wages and liquidated damages on your behalf
  

Filing a claim is often simpler than you expect. Federal and state agencies offer online portals, hotlines, and multilingual assistance to guide you through the process. After you file, investigators will contact your employer, review payroll records, and interview witnesses if necessary. If they find that you were indeed denied overtime, they can secure back pay and penalties without you having to sue. Should the agency close your case without relief, they will issue a “right to sue” letter, enabling you to pursue a lawsuit in court.

Partnering with Skilled Employment Attorneys

• Free initial consultations to evaluate the strength of your overtime claim and outline legal options
  
• Contingency‑fee arrangements—no fees unless we recover compensation for you
  
• In‑depth knowledge of FLSA and state wage‑hour laws, ensuring every claim is properly documented and argued
  
• Proven track record in securing back wages, penalties, and legal fees for workers nationwide
  

While agencies can help, complex cases—especially those involving misclassification or willful refusal to pay—often benefit from private legal representation. Gordon Law Group’s wage‑and‑hour attorneys know how to navigate both administrative and court processes. We’ll help you gather evidence, file timely claims, and negotiate or litigate to maximize your recovery. With decades of experience and a deep commitment to employee rights, we ensure your voice is heard and your wages are protected.

Gordon Law Group Can Help
If you haven’t been paid for overtime—or you suspect your employer is misclassifying you to avoid paying—it’s time to take action. Visit us at gordonllp.com or explore our Wage & Hour Overtime Practice for more information. Ready to reclaim the pay you’ve earned? Contact us today or call (800) 403‑7755 for a free consultation. Let our award‑winning team turn up the heat on wage theft and secure the justice you deserve.