Overtime & FLSA Compliance

Know Your Rights: Overtime Pay & Wage Compliance

Free tools and guides for hourly workers, payroll admins, and HR teams. Built on the Fair Labor Standards Act (FLSA) and US Department of Labor standards. Audit your pay, understand your rights, and find compliance gaps.

Your Rights Under Federal Law

These are not opinions. These are federal labor laws enforced by the Wage and Hour Division of the US Department of Labor.

Right to 1.5x overtime pay

Non-exempt employees who work more than 40 hours in a workweek must be paid 1.5x their regular rate of pay (FLSA §207).

Legal citation: 29 U.S.C. § 207(a)(1)

Right to proper overtime calculation

Overtime must be calculated using the "regular rate of pay" — which may be a weighted average if you have multiple pay rates.

Legal citation: FLSA §778, 29 CFR §778.108

Right to minimum wage

Federal minimum wage is $7.25/hour, but most states have higher rates. You must be paid the HIGHER of the two.

Legal citation: FLSA §206, 29 U.S.C. § 206

Right to recordkeeping

Your employer must keep accurate records of hours worked, pay rates, and overtime. If they don't, you have stronger legal standing.

Legal citation: FLSA §211c, 29 CFR §516

Red Flags: How to Tell If Your Employer Is Misclassifying or Miscalculating

If any of these sound familiar, you may have a wage claim. Document everything and consider filing with your state labor agency or the US Department of Labor.

  • Your employer calculates overtime using only your base hourly rate, not your blended rate (FLSA violation if you have multiple pay rates)
  • Your paycheck doesn't show the overtime premium separately, or it's bundled into regular pay
  • Your employer requires you to work "off the clock" before or after your shift
  • Your employer rounds your hours down (e.g., clocking out at 4:55 but rounding to 4:50)
  • Your employer counts bonus or commission payments toward your regular rate for overtime (they should NOT)
  • Your employer pays you a "salary" but your duties are non-exempt (most hourly work)
  • Your employer requires you to work through lunch breaks without pay

Audit Your Pay

Use these tools to calculate what you should be earning under FLSA, and compare it to what your paycheck actually shows.

Compliance Guides

State-specific overtime rules, federal exemptions, and how to file a wage claim. All based on official US Department of Labor data.

Auditing wage compliance?

SalaryLabs builds branded FLSA compliance checkers and overtime audit tools for payroll providers, staffing agencies, and HR teams. Quick Build from $4,875 (founding rate, 5 customers max).

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Related Resources

If You Suspect a Violation

Steps to take if you think your employer is violating FLSA:

  1. Document everything. Keep copies of pay stubs, time records, and any written communications about hours or pay.
  2. Talk to your employer (or HR). Many violations are unintentional. Give them a chance to correct.
  3. File a complaint with the US Department of Labor Wage and Hour Division. Online at dol.gov/agencies/whd/contact/complaints. You can also call 1-866-487-9243.
  4. File with your state labor agency (often more aggressive than federal). Find your state agency: dol.gov/agencies/whd/state/contact.
  5. Consult an employment attorney. Most offer free consultations. Many work on contingency (no fee unless you win).

Statute of limitations: FLSA claims have a 2-year statute of limitations (3 years for willful violations). Don't wait.

Last updated: October 10, 2026. Updated as new compliance tools and guides are added.