Employee-side employment law
Unpaid wages and overtime
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Did your employer keep money you earned?
Wage claims are document-heavy and usually turn on how work actually happened, not only the label on a pay stub, contract, or job description. Federal, state, and sometimes local rules can govern minimum wages, overtime, work time, deductions, commissions, pay frequency, and final pay.
Facts worth a closer look
- Required work before clock-in or after clock-out
- Automatic meal deductions despite interrupted work
- A salary or contractor label that does not match actual duties or independence
- Unpaid commissions, final wages, travel, training, or remote work
Records that may matter
- Pay statements, time records, schedules, and deposit history
- Messages showing work outside recorded hours
- Policies, commission plans, and deduction authorizations
- A week-by-week estimate of actual start, stop, and break times
How the law frames it
Which pay rules apply to your work
The Fair Labor Standards Act generally requires covered, nonexempt employees to receive at least the federal minimum wage and overtime at one and one-half times the regular rate after 40 hours in a workweek.
A salary, job title, independent-contractor agreement, or employer policy does not by itself determine whether an employee is exempt or properly classified.
State and local law can differ by setting higher minimum wages, daily overtime, meal or rest requirements, pay-statement rules, longer claim periods, or additional penalties.
Source guidance
Source reviewed July 2026
How location affects your case
This page is general educational information, not legal advice. The cited federal sources establish a starting point. Coverage, defenses, procedures, and deadlines can change under state or local law and depend on the employer, forum, claim, and facts.
Employee-side experience
Bob DeRose
An employee-side litigator focused on wage-and-hour disputes who has helped recover more than $100 million in wages for workers nationwide.
Experience and credentialsAn inquiry does not guarantee assignment to a particular attorney.
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Related guide
Unpaid wages and overtime: federal and state protections
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