How is unpaid overtime calculated?

Under the federal FLSA, overtime is 1.5 times your regular rate for hours over 40 in a workweek. If those hours were not paid at all, you are owed 1.5x for each. If they were paid at your regular rate but without the premium, you are owed the missing 0.5x per hour.

What are liquidated damages?

Under 29 U.S.C. 216(b), an employer that fails to pay required overtime or minimum wage can owe an additional equal amount as liquidated damages, effectively doubling the back pay, unless it proves a good-faith defense.

How long do I have to file an unpaid wage claim?

Generally two years under the FLSA, or three years if the violation was willful. Some states allow longer for state-law claims. Waiting reduces or eliminates what you can recover, so act promptly.

What is the California meal and rest break premium?

Under California Labor Code 226.7, if a compliant meal or rest break is not provided, the employer owes one extra hour of pay at your regular rate per workday — up to one hour for meal violations and a separate one hour for rest violations each day.

Unpaid Wages Calculator 2026 — How Much Overtime & Back Pay Am I Owed? (FLSA)

Unpaid Wages Calculator — How Much Am I Owed?

Estimate unpaid overtime and back pay under the federal FLSA — including liquidated damages (which can double what you recover) and California missed meal/rest break premiums. Free, no sign-up.

Built to the FLSA (29 U.S.C. §207, §216) and California Labor Code §226.7. Estimate only — not legal advice.

Unpaid overtime & back pay

For non-exempt employees. Overtime is 1.5× your regular rate over 40 hours in a workweek (FLSA §7).

Your pay & hours

Regular hourly rate ($)

Overtime hours per week (over 40)

Number of weeks affected

How were those overtime hours paid?

They were not paid at all (e.g. off-the-clock work). You are owed 1.5× per hour. They were paid at my regular rate with no premium. You are owed the missing 0.5× per hour.

Estimate only. Your true regular rate may include bonuses and commissions, which raises the figure. Liquidated damages (doubling) are presumed in private FLSA suits but an employer may avoid them with a proven good-faith defense, and may be limited in DOL administrative cases. Applies to non-exempt workers. This is not legal advice.

California missed meal / rest break premium

California Labor Code §226.7: if a compliant break isn't provided, you're owed 1 hour of pay at your regular rate per workday — up to 1 hour for meal violations and a separate 1 hour for rest violations each day.

Regular hourly rate ($)

Workdays with a missed/late/short meal break

Workdays with a missed rest break

California only. Premiums are paid at your regular rate of compensation (which can include nondiscretionary bonuses — Ferra v. Loews). Maximum one meal-premium hour and one rest-premium hour per workday. Estimate only — not legal advice.

How unpaid wages and back pay work

If your employer didn't pay you everything the law requires, the difference is back pay. The two most common shortfalls are unpaid overtime and unpaid minimum wage.

Unpaid overtime (FLSA)

Non-exempt employees must be paid 1.5× the regular rate for hours over 40 in a workweek (29 U.S.C. §207). The workweek is a fixed 7-day period and weeks can't be averaged together. If overtime hours were worked entirely off the clock, the full 1.5× is owed; if they were paid at straight time without the premium, the missing 0.5× is owed.

Liquidated damages — the doubling rule

Under 29 U.S.C. §216(b), an employer that violates the overtime or minimum-wage rules is liable for the unpaid wages plus an equal additional amount as liquidated damages — effectively doubling the recovery. In private lawsuits this is presumed; the employer can avoid it only by proving it acted in good faith with reasonable grounds to believe it was complying (§260).

How long you have to file

FLSA claims must generally be filed within 2 years of the violation — 3 years if it was willful (29 U.S.C. §255). Some states allow longer for state-law claims (California 3–4 years; New York 6 years). Every week that passes can shrink what you're able to recover, so don't wait.

Late final paycheck

Many states add penalties when a final paycheck is late — these stack on top of FLSA back pay. California (Labor Code §203) makes wages continue as a penalty at your daily rate for up to 30 days. Texas, New York, Illinois and others have their own rules; a few states (e.g. Florida) have none and the federal rule applies.

How to file a claim

You can file with the U.S. Department of Labor, Wage and Hour Division (dol.gov/agencies/whd) or your state labor agency, and you may also sue privately under §216(b). Keep your own records of hours worked.

FAQ

How is unpaid overtime calculated?: 1.5× your regular rate for hours over 40 a week. Fully unpaid hours are owed 1.5×; hours paid at straight time are owed the missing 0.5×.
What are liquidated damages?: An equal additional amount on top of the back pay — doubling it — unless the employer proves a good-faith defense.
How long do I have to file?: Generally 2 years under the FLSA, 3 if willful; some states allow longer. Waiting reduces what you can recover.
Does this replace a lawyer?: No. This is an estimate to help you understand the scale of a possible claim. Talk to a licensed employment attorney or your labor agency.

Sources: FLSA, 29 U.S.C. §§207, 216(b), 255, 260; DOL Wage & Hour Division; California Labor Code §§226.7, 512, 203.

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