I Didn’t Get Paid for Overtime

Overtime pay is a fundamental right under federal law, ensuring that employees receive fair compensation for hours worked beyond the standard 40-hour workweek. Unfortunately, many employers try to avoid paying overtime through misclassification, payroll manipulation, or outright wage theft. If you worked extra hours but didn’t receive the correct overtime pay, you may have legal options to recover what you’re owed.

At Gordon Law Group LLP, we help employees across the U.S. fight for their unpaid wages. Whether you work in retail, healthcare, finance, or another industry, knowing your rights is crucial to ensuring you receive fair compensation.

Who Is Eligible for Overtime Pay?

• Under the Fair Labor Standards Act (FLSA), most employees who work more than 40 hours per week are entitled to time-and-a-half pay for each additional hour worked.
• Hourly employees are almost always eligible for overtime pay unless specifically exempted.
• Salaried employees may also qualify for overtime unless their job duties and salary level classify them as exempt.
• Employees in industries such as retail, food service, healthcare, and hospitality are particularly vulnerable to overtime violations. For more details on federal wage laws, visit the U.S. Department of Labor’s Wage and Hour Division.

Common Ways Employers Avoid Paying Overtime

• Misclassifying Employees – Employers often misclassify workers as exempt from overtime pay, even when their job duties don’t meet the legal criteria. Some businesses also incorrectly label workers as independent contractors to avoid overtime obligations.
• Forcing Off-the-Clock Work – Employees may be required to perform duties before clocking in or after clocking out without compensation. Some companies manipulate time records to make it appear as though employees did not exceed 40 hours in a week.
• Failing to Include Bonuses and Commissions in Overtime Calculations – Overtime pay must be calculated based on total earnings, including performance bonuses and commissions. If your employer excludes these earnings, they may owe you additional wages. For more information on how overtime laws protect employees, visit the National Labor Relations Board (NLRB).

Steps to Take If You Didn’t Receive Overtime Pay

• Check Your Pay Stubs and Hours Worked – Compare your time records with your paycheck to ensure overtime hours were correctly calculated. If your employer altered timekeeping records or underpaid your overtime, it may be a wage violation.
• Keep Track of Your Work Schedule – Maintain your own records of clock-in and clock-out times to verify the accuracy of your pay. Save any communication regarding scheduling, overtime approval, or pay disputes.
• Report the Violation to Your Employer – Ask your HR department or payroll administrator for an explanation if you notice missing overtime wages. If your employer refuses to correct the mistake, this could indicate a wage theft issue.
• File a Wage Complaint or Legal Claim – Employees have the right to file a complaint with the U.S. Department of Labor’s Wage and Hour Division. Some states have additional protections for workers, so check with your state’s labor department. If you need to escalate your claim, a wage and hour attorney can help you recover your unpaid wages. For additional protections and guidance, visit the Equal Employment Opportunity Commission (EEOC) for workplace rights enforcement.

Legal Consequences for Employers Who Fail to Pay Overtime

• Employers who violate overtime laws can face fines, penalties, and lawsuits under the FLSA.
• Employees who file claims may be entitled to back pay, liquidated damages, and attorney fees.
• In cases of willful violations, companies may face additional penalties, including class-action lawsuits if multiple employees are affected.

If your employer refuses to pay what you’re owed, consulting with a wage and hour attorney may be your best option for recovering unpaid overtime.

How Gordon Law Group LLP Can Help

• Evaluate Your Case – We will review your time records, pay stubs, and employer policies to determine if overtime violations have occurred.
• Assist With Filing a Wage Claim – If your employer refuses to pay, we will help you file a wage complaint with the U.S. Department of Labor or state labor board.
• Pursue Legal Action – If necessary, we will take legal action to recover your unpaid overtime, penalties, and damages.
• Fight Workplace Retaliation – Employers cannot retaliate against workers who demand their rightful wages. We will protect you from wrongful termination or workplace retaliation.

Why It’s Important to Take Action Against Unpaid Overtime

• Recover the Wages You Earned – Your hard work deserves fair pay—don’t let your employer shortchange you.
• Hold Employers Accountable – Wage theft is a widespread issue, and taking action ensures other employees aren’t exploited.
• Protect Your Workplace Rights – Enforcing labor laws helps create fairer working conditions for all employees.

If your employer isn’t paying overtime, don’t let it go unchecked.

Contact Gordon Law Group LLP Today

If you were not paid for overtime, you have legal rights. Gordon Law Group LLP specializes in wage and hour disputes, helping workers recover the money they’ve earned.

Visit www.gordonllp.com to learn more about your legal options or contact us today through our contact page.

Call us at (800) 403-7755 to schedule a consultation with one of our experienced employment attorneys. We fight for workers nationwide—let us fight for you.