Overtime guides for workers
Clear explanations of federal overtime law, misclassification, and how to recover unpaid wages.
Basics
Overtime pay basics: how the 40-hour rule works
How federal overtime works: who is covered, what counts as hours worked, what time-and-a-half really means, and the mistakes that shortchange workers.
BasicsExempt vs. non-exempt: are you really exempt from overtime?
The three tests employers must meet to deny overtime: salary level, salary basis and job duties. Current 2026 federal and state salary thresholds included.
Misclassification
Salaried but not exempt: when a salary still means overtime
Why many salaried workers are still owed overtime, how back pay is figured for misclassified employees, and what to gather before you act.
Misclassification1099 contractor or employee? Why it matters for overtime
Independent contractors don't get overtime, but many workers paid on a 1099 are legally employees. Learn the signs and what to do.
Unpaid time
Pay math
The regular rate: why your overtime rate may be higher than you think
Non-discretionary bonuses, shift differentials and commissions can raise your overtime rate. See the math with worked examples.
Pay math"No tax on overtime": what the 2025–2028 deduction really covers
How the federal overtime deduction works: only the premium half counts, up to $12,500 ($25,000 joint), for tax years 2025 through 2028.
Taking action
How to file an unpaid overtime claim, step by step
Your options for recovering unpaid overtime: the free U.S. Wage and Hour Division, your state labor agency, or a private lawsuit with an employment lawyer.
Taking actionOvertime claim deadlines: how far back can you recover?
Federal overtime claims generally reach back 2 years, or 3 for willful violations. Why every week you wait can cost you money.
Taking actionRetaliation for asking about overtime is illegal
Federal law protects workers who complain about unpaid wages. What counts as retaliation and how to document it.
Taking actionHow to track your hours (and why your records matter)
A simple system for recording the hours you actually work, what to save, and what to do if your employer's records are wrong.
Taking actionDo you need a lawyer for an unpaid overtime claim?
When it makes sense to hire an employment lawyer for unpaid overtime, how contingency fees work, and how to find a qualified wage-and-hour attorney.