Unpaid Overtime Adds Up Faster Than You'd Expect
Federal law doesn't cap how many hours an employee can work in a week — the Fair Labor Standards Act (FLSA) instead requires that non-exempt employees be paid 1.5 times their regular rate for every hour worked beyond 40 in a week. Skip that requirement, even unintentionally, and the exposure isn't limited to the unpaid wages themselves. The FLSA generally lets employees recover liquidated damages equal to the unpaid overtime amount, effectively doubling what's owed, and a Department of Labor investigation or lawsuit can add attorney's fees on top. A pattern that seems minor week to week can become a serious liability once it's added up across weeks or employees.
How It's Calculated
| Step | Item | Detail |
|---|---|---|
| 1 | Overtime hours | Weekly hours worked − 40 |
| 2 | Weekly owed | Overtime hours × rate × 1.5 |
| 3 | Total back pay | Weekly owed × number of weeks |
| 4 | Total exposure | Back pay + potential liquidated damages |
This calculator estimates federal FLSA exposure only. Many states have their own overtime rules that can be stricter than federal law, and actual outcomes depend on exemption status, willfulness, and other case-specific facts, so consult an employment attorney for your exact risk.
Frequently Asked Questions
No. The FLSA doesn't limit weekly hours — it just requires 1.5x pay for non-exempt employees working beyond 40 hours in a week.
Employees can generally recover an amount equal to the unpaid overtime, effectively doubling the employer's exposure, plus possible attorney's fees.
Only if they're non-exempt. Exemption depends on job duties and salary level, not job title, so check current DOL rules.
※ Actual liability depends on state law and case-specific facts. This is an estimate only, not legal advice.