When am I entitled to overtime under the FLSA?
The Fair Labor Standards Act requires overtime pay of at least 1.5 times your regular rate for all hours worked over 40 in a workweek, unless you are exempt. Some states add daily overtime rules — California, for example, requires overtime after 8 hours in a day and double time after 12 hours.
Who is exempt from overtime?
To be exempt, an employee generally must be paid a salary above the federal threshold and primarily perform exempt executive, administrative, professional, computer, or outside-sales duties. Job title alone does not determine exemption; the actual duties control. Many salaried workers are misclassified as exempt and are in fact owed overtime.
What are liquidated damages for unpaid overtime?
Under the FLSA, an employer that fails to pay required overtime is typically liable for the unpaid amount plus an equal amount as liquidated damages — effectively doubling your recovery. Liquidated damages may be reduced only if the employer proves it acted in good faith and had reasonable grounds to believe it complied with the law.
How far back can I recover unpaid overtime?
The FLSA statute of limitations is generally two years, extended to three years for willful violations. Many states have longer look-back periods under their own wage laws. You can file a private lawsuit or a complaint with the U.S. Department of Labor's Wage and Hour Division. Keep records of your hours worked.