For many workers, the standard 9-to-5 job has long since evolved into longer hours and increased responsibilities. While working extra hours can sometimes be necessary, it’s important to know that labor laws protect your right to be fairly compensated for this time. If you’re working beyond your regular schedule, you may be entitled to overtime pay—and failing to receive it could be a violation of federal and state labor laws.

Understanding how overtime works, who qualifies, and what you’re owed is key to ensuring you’re paid fairly for your time and effort. Let’s dive into what you need to know about your overtime rights and how to claim what you’re owed.

1. Who Qualifies for Overtime Pay?

Under the Fair Labor Standards Act (FLSA), non-exempt employees are entitled to overtime pay when they work more than 40 hours in a workweek. Overtime must be compensated at a rate of at least one-and-a-half times the employee’s regular hourly wage. While most employees fall into the non-exempt category, some workers—such as executives, professionals, and certain administrative employees—may be considered exempt and are therefore not entitled to overtime pay.

If you’re unsure whether your job qualifies for overtime, it’s important to look at the duties of your position. Just because you’re salaried doesn’t mean you’re automatically exempt. Exemptions are based on job responsibilities, not just salary status.

2. Common Overtime Violations

Unfortunately, many employers fail to comply with overtime laws, whether intentionally or unintentionally. Some of the most common overtime violations include:

• Misclassifying Employees: Some employers misclassify non-exempt employees as exempt to avoid paying overtime. This often happens when employees are given a title like “manager” but perform duties similar to non-exempt workers.
• Off-the-Clock Work: Employers may ask employees to work off-the-clock before or after their shifts. This time must be counted toward total work hours and included in overtime calculations.
• Failure to Pay Correct Overtime Rates: Employers may underpay overtime by calculating it based on a lower wage than the employee’s regular rate. This results in employees receiving less than they are legally owed.
• Miscounting Hours Worked: Employers may fail to count all hours worked, including time spent on mandatory meetings, training, or travel related to the job.

If you suspect your employer is not paying you for all of your overtime, it’s crucial to document your hours carefully. Keep track of all the time you work, including breaks and additional tasks performed outside of your regular schedule.

3. How to Calculate Overtime Pay

Calculating overtime pay is relatively simple. If you work more than 40 hours in a week, your employer must pay you at least one-and-a-half times your regular hourly rate for every additional hour worked.

For example, if you earn $15 per hour and work 50 hours in a week, you would be entitled to:

• Regular pay for the first 40 hours: 40 hours x $15 = $600
• Overtime pay for the 10 extra hours: 10 hours x $22.50 (1.5 times your rate) = $225
• Total pay for the week: $600 + $225 = $825

In some states, additional overtime rules apply. For example, in California, employees are entitled to double their regular rate of pay for any hours worked beyond 12 in a single day. Be sure to check your state’s overtime laws to ensure you’re receiving the correct compensation.

4. What to Do If You’re Not Paid for Overtime

If your employer is not paying you for overtime, you have the right to take action. Here are the steps you can take to recover unpaid wages:

a. Talk to Your Employer

Before escalating the issue, try discussing it with your employer. Sometimes overtime pay errors are the result of a misunderstanding or administrative mistake. Present your documentation of hours worked and ask your employer to correct the issue.

b. File a Wage Claim with the Department of Labor

If your employer refuses to pay you for overtime, you can file a complaint with the U.S. Department of Labor’s Wage and Hour Division (WHD). The WHD enforces federal overtime laws and will investigate your claim. If the WHD finds that your employer has violated the FLSA, they can order your employer to pay back wages.

c. Seek Legal Assistance

If filing a complaint with the WHD does not resolve the issue, it may be time to seek legal assistance. Employment lawyers specialize in wage and hour disputes and can help you recover unpaid wages through litigation or settlement. Employment lawyers can help workers in all industries, ensuring that regardless of your field, you can take steps to recover the pay you’re entitled to.

5. Protecting Yourself from Retaliation

It’s illegal for employers to retaliate against employees who assert their rights to overtime pay. Retaliation can include firing, demotion, reducing hours, or other forms of punishment. If you experience retaliation after requesting overtime pay, you may have an additional legal claim against your employer. Document any retaliatory actions and report them to the appropriate agency or your attorney.

Overtime laws exist to ensure that workers are fairly compensated for the extra hours they put in. However, many employers either intentionally or unknowingly violate these laws, leaving workers shortchanged for their time and effort. If you suspect that you’re not being paid properly for overtime, it’s important to know your rights and take steps to recover the wages you’re owed.

By keeping accurate records, understanding how overtime pay is calculated, and seeking legal assistance when necessary, you can ensure that you’re fairly compensated for all the hours you work—whether it’s beyond the 9-to-5 or far beyond that.