Unpaid Overtime Back Pay Calculator

Under 29 U.S.C. §255(a) the FLSA statute of limitations is two years from the date each paycheck was due. It extends to three years if the violation was willful — meaning the employer knew its conduct was prohibited or showed reckless disregard for whether it was. Each underpaid workweek is treated as a separate violation, so the claim window rolls forward continuously.

Under 29 U.S.C. §216(b) an employer that violates the overtime provisions is liable for the unpaid wages plus an equal additional amount as liquidated damages — effectively doubling the award. They are the default, not a penalty a court has to be persuaded to add. Under 29 U.S.C. §260 a court may reduce or deny them if the employer proves it acted in good faith and had reasonable grounds to believe it was complying.

Yes, but less than if nothing had been paid. If you received your base rate for hours over 40, the straight-time component is already covered and only the additional half-time premium is outstanding — 0.5× the regular rate for each overtime hour. If you received nothing at all for those hours, the full 1.5× is owed.

First the classification itself has to be wrong — a salary alone does not create an exemption; the duties test must also be met. If the classification was improper, courts are split on the remedy. Some divide the salary by all hours actually worked and award a 0.5× half-time premium, on the theory that the salary already compensated straight time for every hour (following Overnight Motor Transportation Co. v. Missel). Others award the full 1.5×. This calculator shows both figures as a range because which applies depends on your circuit and the facts.

Often, yes. Several states have longer limitations periods than the FLSA — New York runs six years, California generally three or four depending on the theory — and some allow additional penalties such as waiting-time penalties for unpaid final wages. State claims are frequently worth more than the federal claim and are commonly pleaded alongside it. This calculator models federal law only.

Retaliation against an employee for filing a complaint, testifying, or otherwise asserting FLSA rights is prohibited by 29 U.S.C. §215(a)(3), and remedies can include reinstatement, lost wages and additional damages. Complaints can be filed with the DOL Wage and Hour Division, which does not charge for its services.