How to get Unpaid Overtime

Getting unpaid overtime can be a challenge if you don't know what you're doing. In many cases, you can file a claim with your state without a lawyer. In other cases, having an employment lawyer may be helpful. No matter the situation, there are steps you can take to claim any unpaid wages that are owed to you.

Difficulty: Moderately Easy

Instructions

1. Make sure you are eligible for overtime.
   
   If you are in an exempt position (paid by salary irregardless of hours worked), you are probably ineligible for overtime. Positions with management, outside sales, executive, professional, and administrative duties tend to be exempt according to the FLSA (Federal Labor Standards Act), and you'll be out of luck. Make sure your job duties reflect the exempt status. It's not enough for the job title to be exempt. Your actual job duties is what matters.
   
   If you feel you've been misclassified as an employee, you will need a lawyer to help you. If there are lots of employees involved, you may get employment lawyers interested in doing a class action who will work your case on contingency. Otherwise, you will have to pay the lawyer or more likely, go use the free route via the state labor board (see later steps).

2. Keep track of your unpaid overtime.
   
   In some cases, your employer's record might not have yours so you need to keep track of the time daily. Checking your timecard daily is important to make sure it has the correct information.

3. Check with your state laws on overtime eligibility which may be more generous than FLSA.
   
   The requirements vary state to state. For example, in California many lower paid computer professionals are actually eligible for overtime. For example, many quality assurance (QA) engineers are eligible for overtime in California, especially for those with low pay relative to other IT jobs. A laywer in your state may tell you whether or not you have a case in your state.

4. File a complaint with your state labor board if you can't get your employer to pay up the unpaid overtime and can't use a lawyer.
   
   If you are still employed with your employer when you file, you may experience adverse action even though it is illegal for your employer to retaliate. It may be worth contacting a lawyer, or wait until you leave your current employer. If you wait, make sure you read about your state's statue of limitations on unpaid overtime.