Wage and Hour Back Pay Calculator
FLSA back pay: unpaid wages + equal amount of liquidated damages (2x recovery). State laws add penalties. 2-3 year statute of limitations (3 if willful).
| OT rate (1.5x regular) | — |
| Total unpaid OT (rate × hours × weeks) | — |
| Liquidated damages (FLSA: equal to back pay) | — |
| Subtotal (back pay + liquidated) | — |
| State law multiplier | — |
| Total recovery before attorney fees | — |
| Attorney fees (prevailing plaintiff gets fees) | — |
The Fair Labor Standards Act (FLSA) entitles non-exempt employees to overtime pay at 1.5x regular rate for hours over 40 per week. When employers violate this — through misclassification, off-the-clock work, or wage theft — employees can recover unpaid wages plus 'liquidated damages' equal to the back pay (effectively 2x recovery). Many states add their own penalties on top. Statute of limitations: 2 years (3 if employer willfully violated). Prevailing plaintiffs also get attorney fees paid by employer.
FLSA Overtime Requirements
Non-exempt employees must be paid at least 1.5x regular hourly rate for all hours worked over 40 in a workweek. Common violations: (1) Misclassification as exempt: salaried workers labeled 'exempt' who actually do non-exempt duties — must meet both salary threshold AND duties test. (2) Off-the-clock work: emails after hours, prep work, post-shift cleanup not recorded. (3) Comp time violations: private employers cannot give comp time instead of OT (public sector OK). (4) Bonus calculation errors: regular rate for OT must include non-discretionary bonuses.
Liquidated Damages and State Penalties
FLSA awards liquidated damages equal to the back pay amount (100%) if violation was willful. If employer proves good faith (rare), liquidated damages reduced or waived. Many states ADD their own penalties: California has 'waiting time penalties' (30 days continuing wages), New York has 100% liquidated damages plus interest, Pennsylvania has treble damages (3x). Stacking federal + state can result in 3-4x the unpaid wage recovery. Class actions multiply this further across affected employees.
Statute of Limitations and Attorney Fees
Federal FLSA: 2 years from when wages were due, extended to 3 years if violation was willful. State laws may be longer (CA: 3 years, NY: 6 years). Each pay period is a separate violation, so the clock runs separately on each. Critically, FLSA awards attorney fees to prevailing plaintiffs — employer pays your lawyer separately from your damages. Most wage and hour attorneys work on contingency (no upfront fee, 30-40% of recovery). This makes meritorious wage cases economical to pursue even for modest damages. Source: DOL Wage and Hour Division, 29 USC § 207 (FLSA), state labor codes.
Last updated May 2026. Sources: DOL FLSA.