WAGE & HOUR ATTORNEYS
Overtime hourglass background
Hourglass with clock and gold coins

Overtime Violations: Federal Law and State-Specific Examples

Learn your rights and how to recover the pay you’ve earned.

Federal Overtime Violations

Under the federal Fair Labor Standards Act (FLSA), most non-exempt workers are legally entitled to “time and a half” pay—that’s 1.5 times your regular hourly rate—for all hours worked over 40 in a workweek. Employers who fail to pay proper overtime are violating federal law, period.

This includes misclassifying workers as "exempt" or salaried without meeting the legal requirements. If your employer is not paying overtime after 40 hours, they could owe you significant compensation.

Key Point: Think you’re on salary and can’t get overtime? Think again—many salaried workers are actually owed thousands. If you’re working extra hours for free, you’re basically giving your boss a donation. We help you get it back—with interest.

The FLSA allows employees not only to recover unpaid wages, but also liquidated damages—meaning you could receive double the amount of what you're owed. Even better, you can pursue these claims together with your coworkers in a collective action, increasing your leverage and impact.

Your boss may not be cutting you a check for all your hours—but the law says they owe you, and we’re here to collect.

Some State-Specific Examples

California

California has some of the most protective overtime laws in the country. Workers must be paid overtime after 8 hours in a day or 40 hours in a week, and double time after 12 hours in a day or for hours beyond eight on the seventh consecutive day.

In California, even one extra hour on the clock can mean more pay—and we make sure you get every cent. Employers who fail to pay California overtime can face stiff penalties. If you're working long hours in California without proper pay, you may be owed far more than you think.

New York

New York workers are entitled to overtime after 40 hours a week—just like under federal law. But New York law also expands protections to certain categories of workers and sets higher thresholds for exemptions.

In New York, overtime isn’t a suggestion—it’s the law. If they didn’t pay it, we’ll make sure they wish they had. If you’re a tipped worker or live-in domestic employee, special rules may apply—but that doesn’t mean your employer can deny you your wages.

New Jersey

New Jersey follows federal overtime rules but has its own strong wage protections. Non-exempt employees must be paid 1.5× their regular rate for any hours over 40 per week. The state enforces violations aggressively, and penalties stack up fast.

Simply put, if you hit 41 hours in a workweek, the 41st hour and beyond should be paid at time and a half. If your New Jersey employer hasn’t done that, we’ll help you hold them accountable.

Pennsylvania

Pennsylvania law mirrors the FLSA, requiring overtime pay after 40 hours a week. Employers often try to skate by federal rules without realizing the Pennsylvania Department of Labor & Industry enforces these violations, too.

If you’re in Pennsylvania and clocked more than 40 hours without overtime pay, you may be entitled to not just back wages, but additional damages and legal fees paid by your employer. And when it’s happening to you, it’s likely happening to others at your workplace too.

Illinois

In Illinois, overtime pay is required for all hours over 40 per week at 1.5 times your regular pay. The state’s rules are clear, and employers who break them face fines and legal action.

If your Illinois employer is not paying overtime, they are violating state law—and you have the right to recover every dollar. And guess what? You may not be alone. We’ve helped entire teams of workers—from warehouses to restaurants—recover their unpaid overtime through collective actions.

Florida

Florida doesn’t have its own overtime law, but federal law still protects you. If you work more than 40 hours in a week, you are owed time and a half under the FLSA. Florida may not have its own overtime law, but that doesn’t mean your employer can break the federal one and get away with it.

We represent Florida workers in all industries—hospitality, healthcare, security, and more—who’ve been shorted overtime pay. Even without a Florida statute, your rights under federal law are just as strong. Let us help you understand what you’re owed and how to fight back.

Overtime paperwork and clock illustration
Worker at desk late at night with clock

Take Action – Get the Pay You Earned

You worked the hours—now let’s get you paid. If you think you’re missing overtime pay, you’re probably right—and it’s time to do something about it. You have nothing to lose—except unpaid wages your employer is hoping you never claim.
Fill out the quick form on this page or call us now for a free, confidential consultation. You might think it’s just you, but we’ve seen it again and again—when one worker’s being shorted, dozens more are too. That’s how class and collective actions begin. By taking the first step, you could recover thousands for yourself and help your coworkers too.

¡Hablamos Español! We proudly serve both English- and Spanish-speaking workers. If you're more comfortable in Spanish, let us know—we're here for you.

Overtime Violation Inquiry

Fill out the form below and our attorneys will review your overtime issue.