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Every Hour Counts. Your Rights, Our Fight.
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.
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.
Tell us about your case.
Let’s look at six specific states regarding its corresponding over time laws.
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 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 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 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.
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 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.
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.
We believe every worker deserves fair compensation for their labor. Our mission is to hold employers accountable and ensure employees receive the wages they’ve earned.
Our attorneys have recovered millions in unpaid wages for employees across all industries.
We work on a contingency basis, meaning you don't pay unless we win your case.
We take the time to understand your unique situation and develop a tailored legal strategy.
At Wage & Hour Attorneys, you will work with top notch and experienced attorneys. We will do whatever it takes to help you win your case. However, each case is unique and results will vary accordingly.
That’s the key question, and I can see why you’re asking it. It’s stressful to wonder whether your rights have been violated.
Whether you have a case depends on the specifics. There are a few important things we need to see: whether the treatment you experienced was on account of one of the protected characteristics (like race, gender, age, disability, etc.), whether you can prove that connection, and whether the action (for example, termination or demotion) was a direct consequence.
I can’t figure that out right now, but it’s part of my job to understand your situation and reason it out with you. If you would like to tell me what happened, I can give you my first, honest impression, and we can figure out if this is worth pursuing.
Step 1: Internal Action (Optional, but Often Recommended)
Action: Report the discrimination to your employer through its official channel, usually HR, using the process outlined in the employee handbook.
Step 2: Consult an Attorney (Highly Recommended)
Action: Speak with an employment discrimination lawyer.
Why: An attorney can assess the strength of your case, advise you on the process, and help you avoid critical mistakes. Most offer free or low-cost initial consultations.
Step 3: File an Administrative Charge (Mandatory)**
Action: Before you can sue, you must file a “charge of discrimination” with a government agency.
Equal Employment Opportunity Commission (EEOC): The federal agency.
Step 4: Agency Investigation
Action: The agency (EEOC or state) will notify your employer and investigate your claim. This may involve requesting documents, interviewing witnesses, and seeking a response from the employer.
Potential Outcomes: Settlement/Mediation: The agency may offer voluntary mediation to resolve the case early.
Step 5: File a Lawsuit (If Necessary)
Action: Once you receive your “Right-to-Sue” letter, you have **90 days** to file a lawsuit in federal or state court.
Why: The vast majority of cases that reach this stage do not go to trial. They are resolved through:
Settlement: The parties agree on a financial or other resolution.
That expression gets thrown around quite a bit, but it has a particular meaning in law. I apologize for your predicament; it must be uncomfortable, and no one deserves to be in that situation.
A ‘hostile work environment’ legally constitutes part of harassment that is so severe or so pervasive that it creates an abusive environment and alters your workplace conditions. It is more than just a few random occurrences or a manager being occasionally unpleasant.
For it to be illegal, the hostility has to be endured is on the basis of your race, sex, religion, or another protected trait. The law allows consideration of the frequency of the actions, the severity, and whether it was physically threatening or humiliating and whether it unreasonably interfered with your work.
To illustrate, a person may be harassed by the use of racial slurs, and a woman may be harassed by derogatory and demeaning remarks, and a person with a disability may be harassed by being relentlessly ridiculed for the disability. I can assist you in determining whether what you have faced legally constitutes harassment if you feel comfortable describing it.
Our offices are opened during regular business hours; however, our support staff and attorneys are mostly available 24 hours.
It’s perfectly normally to feel overwhelmed and confused. If you’re not sure what to do, speak with one of our attorneys. We will guide you and provide some next steps if you choose to work with our firm.
Very good question, and it’s one we hear frequently. The law can be quite particular here.
Adverse employment decisions, such as termination, failure to promote, or harassment, are motivated by an employee’s protected characteristic, and, thus, constitute illegal employment discrimination. Under federal law, these protected categories are: race, color, religion, sex (including pregnancy, sexual orientation, and gender identity), national origin, age (40 and older), disability, and genetic information.
It is also essential to understand the distinction from general unfairness. A manager can be unfair, make poor business decisions, or be a difficult person to deal with, and that does not constitute illegal discrimination. The key here is purpose. Was the negative action taken because of who you are? That is what we would have to investigate.
I apologize to hear about your termination. Facing such an event can be tough and discomforting. It is entirely reasonable to investigate the factors that might have led to your separation.
Considering the reasons that do not relate to performance are sometimes discriminatory, performance reasons are usually the most common explanation given by employers. We look for ‘red flags’ that suggest the alleged performance issue is a pretext. These would be:
Inconsistency: Did evaluators suddenly change their view regarding your contribution to the organization after a series of positive reviews?
Comparators: Were employees and managers outside your protected category and similar performance issues treated more favorably?
Timing: Did the termination occur immediately after you disclosed a pregnancy, requested a disability accommodation, or complained about harassment?
Procedural Irregularities: Did the company fail to follow its own written disciplinary process?
These are the primary questions I would investigate. If you have documentation of good performance or have witnessed these ‘red flags’, this would be a good sign that merits further investigation.
