Unpaid Overtime FLSA Back Wages 2027 Calculator
FLSA requires 1.5× pay for hours over 40/week (most workers). Statute: 2 years (3 if willful). Liquidated damages double the back pay. Attorney fees shift. Calculate total exposure.
| Regular hourly rate | — |
| OT rate (1.5×) | — |
| Unpaid OT hours/week | — |
| Weeks of violation | — |
| Back wages | — |
| Liquidated damages | — |
| Total damages | — |
| Attorney fees (40%) | — |
| Total settlement | — |
The Fair Labor Standards Act (FLSA) requires 1.5× pay for non-exempt employees working over 40 hours/week. Common violations: misclassification as exempt, off-the-clock work, automatic meal-break deduction, unreported pre/post-shift work. Damages: 2-year lookback (3 if willful), back wages + liquidated damages 2× (unless employer proves good faith), fee-shift to defendant.
Common Violation Patterns
1) Misclassified as 'manager' or 'exempt' but doing non-exempt work. 2) Automatic 30-min lunch deduction even when working through. 3) Pre-shift setup time (donning, traveling to position) not counted. 4) Off-the-clock email/calls after hours. 5) Comp time instead of OT (illegal for non-government employers).
Statute of Limitations
Standard: 2 years. Willful (knew or reckless disregard): 3 years. 'Willful' shown by: management training emphasizing OT compliance, prior wage-hour audits, internal complaints. Pattern → almost always willful. Plaintiff-friendly courts find willfulness on minimal evidence.
Liquidated Damages 'Good Faith' Defense
Default: 2× damages. Employer can defeat by proving (1) good-faith belief in compliance + (2) reasonable basis. Rarely succeeds — employers typically lose this. Means default exposure is 2× back wages on settlement.
Fee-Shift Multiplier
Under §216(b), prevailing plaintiff recovers reasonable attorney fees. FLSA fees average 40-50% of damages awarded. Fee award independent of plaintiff's recovery — paid by defendant. Settlement should allocate fee separately.
Last updated May 2026. Sources: DOL Wage and Hour Division, 29 USC §207 FLSA OT.