The Fair Labor Standards Act (FLSA) is the federal law that guarantees a minimum wage and time-and-a-half for all hours worked over 40 in a workweek. Wage theft — off-the-clock work, misclassified 'salaried' employees who are actually non-exempt, and improper deductions — costs American workers billions every year, and the FLSA gives workers powerful remedies to collect what they are owed.
This calculator computes your total FLSA exposure using the statutory formula: (hourly rate × 1.5) × unpaid overtime hours per week × number of weeks, then doubles that figure to account for liquidated damages under 29 U.S.C. § 216(b). The result is the dollar figure you can plausibly demand in a written complaint to HR, in a Department of Labor Wage and Hour Division complaint, or in a civil lawsuit filed in federal district court.
The FLSA also fee-shifts: an employer who loses pays the employee's reasonable attorney's fees. That fee-shifting provision is why plaintiff-side wage-and-hour lawyers will take FLSA cases on contingency even when the underlying wages are modest — and it is the single biggest reason employers settle wage-and-hour claims quickly once a demand letter arrives.
When to use this tool
- ▸You are a non-exempt hourly employee who has been asked to arrive early, stay late, or work through unpaid meal breaks.
- ▸You are classified as 'salaried exempt' but your actual duties do not meet the executive, administrative, or professional test in 29 CFR Part 541.
- ▸You are misclassified as an independent contractor (1099) despite working set hours under employer control.
- ▸You perform pre-shift or post-shift work — donning uniforms, booting up systems, closing the register — without pay.
- ▸You are preparing a Wage and Hour Demand Letter or a DOL Form WH-3 complaint.
Methodology & legal basis
The FLSA requires overtime pay at a rate of at least 1.5× the employee's regular rate for hours worked over 40 in a workweek (29 U.S.C. § 207(a)(1)). The 'workweek' is a fixed and regularly recurring period of 168 hours — seven consecutive 24-hour periods — and each workweek stands alone.
Under 29 U.S.C. § 216(b), a prevailing employee is entitled to (1) the unpaid overtime, (2) an equal amount as liquidated damages, and (3) reasonable attorney's fees and costs. The employer can defeat liquidated damages only by proving good-faith reliance on a specific DOL opinion, a very narrow safe harbor.
The statute of limitations is two years from the date the wages were owed, or three years if the violation was 'willful' — meaning the employer knew or showed reckless disregard for whether its conduct violated the FLSA. Use the 3-year window if your employer had prior DOL findings, an internal audit flagging the issue, or a pattern of ignoring employee complaints.
Some states — California, New York, Massachusetts, Washington — provide stronger remedies than the federal FLSA. California's Labor Code § 1194 allows daily overtime after 8 hours, waiting-time penalties under § 203, and PAGA representative actions. Always check state law before defaulting to the federal formula.
Key legal terms
- Non-exempt
- An employee entitled to minimum wage and overtime; the default classification unless the employer proves a specific exemption applies.
- Exempt
- An employee not entitled to overtime, meeting both the salary basis test (currently $684/week, DOL 2020 rule) and one of the duties tests in 29 CFR Part 541.
- Regular rate
- The rate used to compute overtime, which must include non-discretionary bonuses, shift differentials, and most commissions — not merely the base hourly rate.
- Liquidated damages
- A statutory doubling of unpaid wages under § 216(b), separate from and in addition to the actual wages owed.
- Willful violation
- An FLSA violation committed with knowledge or reckless disregard; extends the statute of limitations from two to three years.
- Collective action
- The FLSA's opt-in group-litigation mechanism under § 216(b); distinct from a Rule 23 class action.
- PAGA
- California's Private Attorneys General Act, allowing an employee to sue for civil penalties on behalf of the state.
Frequently asked questions
Can my employer fire me for filing a wage claim?
No. Section 15(a)(3) of the FLSA prohibits retaliation for filing a complaint, and courts award reinstatement, back pay, and liquidated damages for retaliatory discharge.
What if I clocked out but kept working?
That is compensable time. The FLSA does not permit off-the-clock work, and 'suffer or permit' language in § 203(g) makes the employer liable for work it should have known about even if no timecard was punched.
I signed an arbitration agreement — am I stuck?
Probably arbitration, but you still recover the same statutory damages. Epic Systems v. Lewis (2018) upheld individual arbitration in wage cases, but the substantive FLSA rights survive.
Do I have to file with the DOL first?
No. Unlike Title VII discrimination claims, the FLSA does not require administrative exhaustion. You can file directly in federal court, and many plaintiff attorneys prefer that route.
How far back can I recover?
Two years by default; three years if you can show the violation was willful. Every day you wait shortens the recoverable period, so file promptly.
Does 'salaried' mean 'no overtime'?
No. Salary basis is only one prong of the exempt test. Millions of salaried workers — assistant managers, dispatchers, IT support — are misclassified and legally entitled to overtime despite receiving a salary.
This calculator estimates FLSA exposure under federal law only. State wage-and-hour laws in California, New York, Washington, and Massachusetts often produce substantially larger recoveries. Consult a plaintiff-side employment lawyer before releasing any wage claims.