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Do you need a lawyer for an unpaid overtime claim?

By the OvertimeClaims editorial team · Updated · General information, not legal advice

Key points

  • You don't need a lawyer to file with the Wage and Hour Division.
  • Federal law lets winning workers recover reasonable attorney's fees from the employer, so many lawyers take wage cases on contingency.
  • Look for attorneys who focus on wage-and-hour or employee-side employment law.

When a lawyer can help most

  • Large back-pay amounts, or a claim covering many workers
  • Misclassification questions (exempt status or contractor status)
  • Retaliation after you complained
  • You're close to a filing deadline
  • The employer has offered a settlement and wants you to sign a release

How fees usually work

Under the FLSA, a court can order an employer that loses to pay the worker's reasonable attorney's fees and costs. That's why many wage-and-hour lawyers offer free consultations and work on contingency, meaning they're paid only if you recover money. Always get the fee agreement in writing and ask how costs are handled.

Questions to ask

  • How many wage-and-hour cases have you handled for employees?
  • Do you see this as an individual claim or a collective action?
  • What's the realistic timeline?
  • What should I keep doing, or stop doing, while I'm still employed?

Where to look

See our find help page for free government help, legal aid and lawyer directories.

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OvertimeClaims.com is an independent educational resource. We are not a law firm or a lawyer referral service, and nothing here is legal advice. Full disclaimer