Skip to content

Unpaid wages and overtime

You worked it. You're owed it.

Wage theft is common, and it is often the easiest claim to prove with paper.

If you worked over 40 hours without overtime, worked before clocking in or after clocking out, had tips kept back, were called a contractor or a manager to avoid paying overtime, or never got your last paycheck, you may be owed back pay.

Your pay stubs and schedules tell most of the story. I'll check the math and tell you what you're owed, and whether coworkers in the same spot may be owed too.

What it looks like

Cases I see most

  • Off the clock

    Prep, cleanup, security lines or logins before the shift started.

  • Missing overtime

    Over 40 hours in a week at your regular rate, or none at all.

  • Misclassified

    Called a contractor or a salaried manager so overtime didn't apply.

  • Tips kept back

    Tips shared with managers, or a tip credit taken the wrong way.

  • Final paycheck

    Your last check late, short, or never sent.

  • Illegal deductions

    Uniforms, shortages or equipment taken out of your pay.

Right now

Start a record

  1. Collect your pay stubs

    Every one you can find, and your W-2s or 1099s.

  2. Write down your real hours

    Your best estimate of when you actually started and stopped.

  3. Photograph the schedule

    Posted schedules and group texts about shifts.

  4. Note who else

    Coworkers on the same schedule may be owed the same.

Questions

What people ask about unpaid wages and overtime

Can I be fired for asking about my pay?

Retaliating against you for complaining about wages is illegal on its own, and it can be added to your claim.

How far back can I recover?

Usually two or three years, depending on the law that applies, so the sooner you call, the more of it you can claim.

I was paid in cash. Can I still claim?

Yes. Cash pay doesn't change what you're owed. Your own records, texts and coworkers can prove the hours.

Tell me what happened

A short call, and you'll know whether this is a case.

Contingency cases: no fee unless you recover. Case costs, like filing and transcript fees, are separate, and the agreement says in writing who pays them.