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Are You Owed Overtime? A Worker’s Guide to Checking Pay and Filing a Claim

UUnknown

2026-02-17

10 min read

Step-by-step, local-focused guidance to audit overtime pay, preserve evidence, and file wage claims with DOL or state agencies in 2026.

Are you unpaid for overtime? Start here — a clear, local-first plan to check your pay, preserve proof, and file a wage claim

Hook: If you suspect you worked off the clock, had overtime denied, or your employer’s time records don’t match your shifts, you’re not alone — and you can act. This guide gives step-by-step, practical instructions to audit your pay, preserve evidence safely, and file a wage claim with the U.S. Department of Labor or your state labor agency in 2026.

Key takeaways — what to do first

Audit your pay: collect paystubs, schedules, messages, and your own time logs.
Preserve evidence: take dated screenshots, export emails, save metadata and witness names.
Attempt an internal resolution: send a clear demand letter and give your employer a short window to correct pay.
File a formal claim with the Department of Labor Wage and Hour Division (WHD) or your state labor office if the employer doesn’t fix it.
Know your rights: under the Fair Labor Standards Act (FLSA) most nonexempt workers get time-and-a-half for hours over 40 per week; retaliating against you for complaining is illegal.

Why this matters in 2026: stronger enforcement, new risks

Recent national enforcement and court actions show the Department of Labor is actively pursuing unpaid overtime and recordkeeping violations. In late 2025 a federal consent judgment required a Wisconsin health-care partnership to pay more than $162,000 in back wages and liquidated damages after investigators found case managers worked unrecorded hours and were not paid overtime. That case underscores two trends affecting workers in 2026:

Increased enforcement: WHD continues to focus on healthcare, home care, hospitality, and industries where off-the-clock work is common.
Digital records and AI scheduling: Automated schedules and algorithmic time rounding create new evidence and new disputes. Employers often rely on electronic systems — which can cut both ways if you preserve your own records.

Step 1 — Audit your pay: what to collect and how to spot unpaid overtime

Start by collecting everything that documents your hours worked and what you were paid. Be methodical — your claim will be stronger if it’s supported by a clear paper trail.

Documents to gather

All paystubs for the period in question (showing hours, rates, deductions).
Timecards, punch-in/punch-out logs, schedules, shift confirmations (paper or electronic).
Emails, text messages, Slack/Teams messages that show assigned work, approvals, or tasks outside scheduled hours.
Calendar entries, work-related GPS or clock-in app logs, ride-share or mileage records if travel was required.
Job description and any employee handbook sections on timekeeping and overtime.
Bank statements showing deposits if paystubs are missing.
Witness names and written statements (co-workers who saw you working off-the-clock).

How to calculate overtime and your regular rate

Under the FLSA, nonexempt employees generally receive time-and-a-half (1.5×) for hours worked >40 in a workweek. Your first step: compute total hours worked each week and your regular hourly rate.

Regular rate = total earnings for the workweek ÷ total hours worked that week.
Overtime pay = (regular rate × 1.5) × overtime hours (hours >40).

Example: If you earned $600 in a week and worked 45 hours, your regular rate = $600 ÷ 45 = $13.33. Overtime rate = $13.33 × 1.5 = $20.00. Overtime pay owed = $20.00 × 5 = $100.

Important: some pay (non-discretionary bonuses, shift differentials, piecework) must be included in the regular rate calculation. Commission, certain bonuses, and other payments can change your regular rate — which affects overtime.

Common overtime traps to watch for

Off-the-clock work: unpaid pre-shift setup, documentation, travel between job sites, or post-shift tasks.
Misclassification: labeled as "exempt" when duties don’t satisfy the exemption tests (executive, administrative, professional).
Rounding systems that consistently short hours.
Suppressing overtime by forcing split schedules across payweeks.

Step 2 — Preserve evidence correctly (don’t let digital records vanish)

Once you suspect unpaid overtime, preserve evidence immediately. Digital records can be changed or deleted; act fast and follow these steps.

Practical preservation steps

Make duplicates: export or screenshot paystubs, timecards and messages. Save PDFs of web pages and payroll portals.
Preserve metadata: when possible, export emails (.eml) or use “save as PDF” which keeps dates. For screenshots, include visible timestamps and store original image files.
Create a dated personal time log: note start/stop times, breaks missed, and tasks done. Sign and date each entry.
Secure storage: save copies to an encrypted cloud folder (Google Drive, OneDrive) and email a copy to your personal email address to create a third-party timestamp.
Witness statements: ask colleagues for short written notes (text or email) confirming specific dates and hours if they observed you working off-the-clock.

Chain of custody and privacy

Keep a short log of when you saved files and where. Protect co-worker privacy — do not post private messages publicly. If your workplace has strict device rules, preserve evidence without violating other laws; seek legal aid if unsure.

Step 3 — Try an internal resolution first (and how to write a demand letter)

Many employers will correct clear payroll mistakes if given a formal, written request. Before filing a claim, try an internal route; but set a short deadline.

What to include in a short demand letter

Your name, job title, and contact information.
Clear dates of unpaid hours or pay periods and the amount you calculate is owed.
A concise explanation of how you computed the unpaid overtime (attach your calculations and supporting documents).
A polite but firm deadline (e.g., 10 business days) for correction before you file a claim with the Department of Labor or a state agency.
A note that you value resolution but are prepared to pursue legal remedies including WHD action or court.

Send the letter by email and certified mail (or deliver in person and get a receipt). Keep copies of everything.

Step 4 — When and how to file a claim with the Department of Labor or local agency

If the employer does not correct the pay error within your deadline, file a complaint. You can file with the federal Wage and Hour Division (WHD) or most states have labor enforcement agencies that handle wage claims.

What to expect when filing with WHD (practical steps)

Contact your local WHD office by phone or use the online complaint form on dol.gov/whd. You can file confidentially and without an attorney.
Be ready to provide: employer name and address, your job title, dates of unpaid work, estimated unpaid wages, and copies of supporting evidence.
WHD will open an investigation if the complaint merits one. Investigators may interview you and co-workers, and request payroll records from the employer.
Possible outcomes: WHD may obtain back wages and liquidated damages, or seek conciliation. In some cases WHD refers the matter for litigation.

Statute of limitations and timing

Under the FLSA, the statute of limitations is typically 2 years, or 3 years for willful violations. State laws may provide longer periods. Preserve evidence even if the events are months old — many investigations address multi-year violations. If you’re tracking legal timing, see this procedural guide for analogous timelines used in other compliance processes.

Filing with state or city agencies

Some states and cities have more worker-friendly laws and separate wage claim processes (for example, local minimum wage or paid-sick-leave violations). Check your state labor department webpage; in many regions you can file online or by phone.

When to go to court or hire a lawyer

If your case involves complex pay formulas, large sums, or employer retaliation, consult a wage-and-hour attorney. Lawyers often take these cases on contingency, meaning they get a fee only if you recover money. WHD investigations can proceed even if you also have a private lawsuit.

What happens during an investigation — realistic expectations

WHD opens a case and requests employer payroll records and timekeeping logs.
Investigators compare employer records to your evidence and may interview co-workers, supervisors, and payroll staff.
WHD seeks conciliation — an agreement for the employer to pay back wages. If conciliation fails, WHD may refer the case for litigation.
Remedies can include back pay, liquidated damages (often equal to back pay under FLSA), and orders to correct recordkeeping.

Special guidance for healthcare case managers and similar roles

The recent consent judgment in Wisconsin highlights common problems for case managers and healthcare workers: unpaid documentation time, travel between clients, and after-hours on-call tasks that aren’t recorded.

Document client visits with time-stamped notes, mileage logs, and calendar entries.
Preserve electronic health record entries and timestamps that show work done outside scheduled hours.
If your employer uses an electronic scheduling system, export schedules weekly and keep personal logs to compare.

2026 trends you should use to your advantage

More digital evidence: employers’ own timekeeping and scheduling systems can be subpoenaed; screenshots and archived digital logs are persuasive.
AI scheduling scrutiny: algorithmic scheduling and automatic overtime suppressions are drawing WHD attention — preserve communications about automated changes.
State-level protections: several states expanded overtime and classification rules in 2024–2025; check local law for stronger remedies than the FLSA.

Practical templates — short demand letter you can adapt

Subject: Request for correction of unpaid overtime — [Your Name, Job Title]

Dear [HR or Supervisor name],

I am writing to request correction of unpaid wages for the period [dates]. I worked [X] hours on [dates/weeks] but was only paid for [Y] hours. I estimate $[amount] is owed in unpaid regular and overtime wages. Attached are copies of my paystubs, my personal time log, and supporting messages.

Please respond within 10 business days with confirmation that this will be corrected. If not resolved, I will file a claim with the Department of Labor or the state labor agency to recover unpaid wages and related damages.

Sincerely, [Your name and contact]

Preventive steps — make underpayment harder in the future

Keep a personal time log (paper or app) and record work outside scheduled hours.
Use your phone to photograph schedules and posted adjustments.
Ask for written confirmation for schedule changes and approvals for overtime work.
Adopt time-tracking apps with timestamps, and email yourself weekly summaries as backups.

When to get legal help — red flags

Large amounts of unpaid wages or multiple affected employees.
Employer fired, demoted, or threatened you after you complained (retaliation).
Complicated pay schemes: commissions, piece rates, multiple hourly rates, or fluctuating bonuses.
Employer refuses to provide payroll records or intentionally alters records.

Final checklist — one-page action plan

Collect: paystubs, schedules, messages, personal time log.
Preserve: screenshots, PDFs, email copies, witness notes, cloud backups.
Calculate: total unpaid wages using the regular-rate method and attach calculations.
Demand: send a short demand letter with a 10-business-day deadline.
File: if unresolved, file with WHD or your state labor agency and consider legal counsel.

Local resources and next steps

Start locally: search for your state labor department’s wage claims page and your nearest U.S. Department of Labor Wage and Hour office. Many WHD offices accept confidential complaints by phone or online and will guide you through next steps.

Closing — start your audit today

Unpaid overtime is common, but it’s also fixable. In 2026, digital records, stronger federal scrutiny, and clearer state laws make this a good moment to take action. If you suspect you’re owed overtime, begin your audit now: collect paystubs, preserve evidence, and send a concise demand letter. If your employer won’t fix it, file a complaint with the Department of Labor or your state agency — you may recover back pay and liquidated damages.

Call to action: Use the checklist above today. If you want help, contact your nearest Wage and Hour Division office or consult a local labor attorney. Share this article with co-workers who may also be affected — group claims are often the fastest route to recovery. If you have a local wage dispute story, submit tips to our newsroom so we can investigate systemic problems in your workplace.

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