Unpaid Wages Calculator
Understand your rights. Reclaim your time.
Understand your rights. Reclaim your time.
Wage theft isn't always obvious. It often hides in the decimals—uncounted minutes, miscalculated overtime rates, and misclassified statuses. Whether you are dealing with unpaid overtime under the FLSA or waiting time penalties in California or New York, precise calculation is your first line of defense. Use this engine to audit your hours and reveal the recoverable gap.
Wage theft is a systemic issue affecting millions of workers annually. It occurs whenever an employer fails to pay the full compensation earned by an employee. This is not limited to missing paychecks; it frequently manifests as miscalculated overtime rates, unpaid "off-the-clock" tasks, illegal deductions, or misclassification as an independent contractor (1099) to avoid paying benefits.
The primary federal law governing this is the Fair Labor Standards Act (FLSA). Under the FLSA, non-exempt employees are entitled to 1.5 times their regular rate of pay for all hours worked in excess of 40 in a single workweek. States like California and New York offer even stronger protections, such as daily overtime (time-and-a-half after 8 hours in a day) and double-time provisions.
The legal system recognizes that unpaid wages cause financial hardship. Therefore, damages often exceed the base amount owed.
Under federal law (FLSA), the statute of limitations is generally 2 years. However, if the violation is deemed "willful"—meaning the employer knew their conduct was prohibited or showed reckless disregard—the period extends to 3 years. State laws vary; for example, New York allows claims going back 6 years, providing a significantly larger window for recovery.
Absolutely. Compensable work time is not defined strictly by when you "punch in." It includes any time you are suffered or permitted to work. Common examples include putting on safety gear (donning and doffing), security screenings, booting up computers, travel between work sites, or mandatory training sessions. If your employer requires it, you must be paid for it.
Not necessarily. Being paid a "salary" does not automatically make you exempt. To be exempt from overtime, you must meet specific duties tests (Executive, Administrative, or Professional) AND earn above a specific salary threshold. Many employers misclassify workers as "Managers" to avoid overtime, even when their primary duties are manual or routine. This is a common form of wage theft.
Misclassification is rampant in the gig economy. If your employer controls your hours, provides your tools, and directs how you do your work, you may legally be an employee regardless of any contract you signed. If found to be misclassified, you could be entitled to years of back overtime, minimum wage adjustments, and reimbursement for taxes and expenses.