If you work more than 40 hours a week but do not receive extra pay, your employer may owe you overtime wages. Many workers qualify under federal and state law, but some employers misclassify their staff or ignore legal requirements—costing employees money they have already earned.
When do employees qualify for overtime?
Under the Fair Labor Standards Act (FLSA), employers must pay time-and-a-half when an employee works more than 40 hours in a single workweek. This rule applies to most hourly workers and many salaried employees unless the law specifically exempts them.
To classify a worker as exempt, the employer must prove that the:
- Employee receives a fixed salary
- Salary exceeds $35,568 per year ($684 per week)
- Employee performs executive, administrative or professional duties
A job title alone doesn’t determine exemption. Employers must consider what the employee does—not just the title of the job.
How do employers misclassify workers?
Some employers mislabel workers as exempt or call them independent contractors to avoid paying overtime. Common examples include:
- Paying a salary but assigning primarily clerical or routine tasks
- Giving a manager title without real supervisory responsibilities
- Classifying a worker as a contractor even when they follow a schedule and report to a supervisor
These missteps can lead to significant unpaid wages.
How can you assert your rights?
Start by tracking your hours, listing your job duties and keeping your pay records. Save copies of timesheets, emails and any contracts you’ve signed.
If you believe your employer violated overtime laws, you can file a complaint with the U.S. Department of Labor’s Wage and Hour Division. But navigating wage claims can be complex—and your employer may push back.
It is also a good idea to speak with an employment attorney. They can help you understand how to challenge misclassification, build your case and pursue the full amount you’re owed. You don’t have to go through the process alone—legal guidance can make all the difference in getting the outcome you deserve.