Overtime Back Pay (FLSA) Claim Calculator

How to do it

1. 1
   Enter your pay

   Type the hourly rate, or the weekly salary if you choose the salary option.

2. 2
   Enter the hours

   Enter the hours you worked per week.

3. 3
   Enter the number of weeks

   Use the number of weeks affected; the tool caps it at the legal limit.

4. 4
   Add what was already paid

   Enter any overtime pay already received per week, and tick willful if it applies.

5. 5
   Read the claim

   See the weekly amount, the back pay and the total with liquidated damages.

About this tool

Under the Fair Labor Standards Act, most non-exempt employees must be paid at least one and a half times their regular rate for hours over 40 in a workweek. If an employer did not pay it, the worker can claim the unpaid wages for the last two years, or three if the violation was willful, and often an equal amount as liquidated damages. This calculator takes your regular rate, your weekly hours and the number of weeks, applies the limitation period and shows the unpaid overtime and the potential total claim.

Who this is for Hourly employees who suspect that overtime was not paid or was paid at straight time, workers who were paid a salary and worked long weeks, and advisers who give a first estimate before a claim. It is not a legal determination of whether you were exempt.

The basic rule For each workweek, hours above 40 must be paid at 1.5 times the regular rate. The regular rate includes most pay, such as shift differentials and some bonuses, not only the base hourly wage. A week is a fixed period of 168 hours; averaging across weeks is not allowed. If your employer paid you straight time for the extra hours, the remaining half-time is owed; the tool lets you enter any overtime already paid per week, to subtract.

Salaried workers A salary does not make someone exempt. The exemption depends on the salary level and the actual job duties. For a non-exempt salaried worker, the regular rate is the weekly salary divided by the hours the salary was meant to cover. The calculator accepts the weekly salary as the pay figure when you choose the salary option and the weekly hours.

The time limit The claim covers the last two years before the claim, or three years for willful violations. The tool caps the weeks at 104 or 156 and warns you if you entered more. The clock runs for each paycheck separately.

Liquidated damages An employer who violated the law is usually liable for an amount equal to the unpaid wages, unless it proves it acted in good faith with reasonable grounds. The tick box adds that amount to the total claim. Attorney's fees can be added by the court.

Worked example A worker earning $22 an hour regularly works 50 hours a week and was paid straight time without any premium for the extra hours. The overtime rate is $33 an hour, 10 overtime hours a week amount to $330, and over 104 weeks the unpaid overtime is $34,320. With liquidated damages the claim could reach $68,640. If the employer paid straight time, the unpaid part is half-time only, so enter what was already paid for those hours.

Limits This tool is an educational estimate. Exemptions, state laws that give more protection, the regular rate and the facts of your case decide the real amount. Talk to the Department of Labor or an employment lawyer.

Worked example

A worker at $22 an hour who works 50 hours a week with no overtime premium over 104 weeks is owed about $34,320, and up to double that with liquidated damages.