My Employer Isn’t Paying Me Overtime. What Can I Do?
Ever been stuck working extra hours and not seeing extra dollars? You think it’s just frustrating. Guess what? It’s often illegal. If your employer isn’t paying you overtime, it may violate the Fair Labor Standards Act (FLSA).
In this post, we’ll break down your rights and what you can do about it. If you need a consultation about your specific situation, reach out to our employment law attorney at In Motion Law.
What’s ‘Overtime’ Under FLSA?
Under federal law, most non‑exempt employees must receive time-and-a-half pay for hours worked over 40 in a workweek, according to the U.S. Department of Labor (DOL).
That’s also standard across California. So unless you fall into a narrow exemption category (executive, administrative, professional, outside salesperson, or computer employee meeting strict criteria), you’re entitled to overtime pay.
Failing to pay overtime is a classic form of wage theft, estimated to cost workers billions annually. Employers might:
- Require you to work off the clock
- Misclassify you as exempt
- Ignore unpaid overtime hours
- Dock pay improperly or without record keeping
Before you wave this off, know: labels don’t excuse non‑payment. You can’t be told you’re “salaried” or “independent” if your duties don’t meet federal exemption standards. Misclassification is a common loophole employers misuse.
What You Should Do Now if You Suspect You Aren’t Paid Overtime
If you’re reading this, chances are you think your employer isn’t paying you the overtime pay you’re entitled to. Here’s what you can do:
- Keep a detailed log of hours
Start tracking all hours worked — including before or after shifts, required training, and travel between job sites. Save documents: timesheets, emails, shift schedules, and messages.
- Check your exemption status
If your employer says you’re exempt, make sure the job duties and salary pass the FLSA test—not just a fancy title.
- File an internal complaint (if possible)
If your employer has an HR department or grievance process, submit a written request for unpaid overtime. Keep proof, such as emails, receipts, statements.
- File with the Department of Labor
You can file a claim with the U.S. Department of Labor’s Wage and Hour Division. They enforce FLSA violations and recover unpaid wages on your behalf. This often triggers an investigation and can lead to back pay.
- Consider legal action
You’re allowed to file a private lawsuit under FLSA. That means you can recover unpaid overtime, plus potential liquidated damages (double pay), plus attorney fees if successful.
You Earned It—Don’t Let Them Keep It
Even if the Department of Labor investigates, the process can take months. And you may be dealing with pushback, retaliation, or intimidation. At In Motion Law, we handle wage-and-hour claims on behalf of clients in San Diego, Orange, and Los Angeles Counties.
Contact In Motion Law today for a consultation with our lawyer. We’ll help you figure out what you’re owed, map out the fastest path to recovery, and take legal action if your employer isn’t playing fair.
You worked the hours—you deserve the pay. Let us help make sure you get it. Call at 619-693-8336 today to discuss how we can help you.
Source:
dol.gov/agencies/whd/overtime
