Free tool · Labor and Employment Law
Overtime Pay and Back Pay Calculator
Under the federal Fair Labor Standards Act, a non-exempt employee must be paid at least one and a half times their regular rate for every hour worked over 40 in a workweek. The regular rate includes non-discretionary bonuses, so a production bonus raises the overtime rate. An employee who was underpaid can claim the back wages and, usually, an equal amount in liquidated damages, for up to two years before the claim, or three if the violation was wilful. Whether an employee is exempt depends on both their salary and their duties, not their job title. Enter the hours and pay to see the shortfall, and the back pay over the weeks it continued.
Tool · Overtime and Back Pay Calculator
Hours / overtime hours
52 / 12
Regular rate
$19.15
Owed for the week
$1,110.92
Shortfall for the week
$174.92
Back pay over 30 weeks: $5,247.60, plus an equal amount as liquidated damages ($5,247.60), so about $10,495.20, before fees.
- Under the FLSA, a non-exempt employee must be paid at least one and a half times the regular rate for every hour over 40 in a workweek. There is no federal daily overtime, and each workweek stands alone: hours are not averaged over two weeks (some states, such as California, have daily overtime too).
- The regular rate includes non-discretionary bonuses, shift premiums and commissions, so a bonus raises the overtime rate. The overtime premium is the extra half-time, because straight-time pay for the hours has already been counted.
- An employee can recover unpaid minimum wages and overtime plus an equal amount as liquidated damages (so double), together with attorney’s fees, for violations in the 2 years before the claim (two years, or three if the violation was wilful).
- Exempt status depends on both a salary test (the salary level is set by regulation and has changed over time) and a duties test (executive, administrative, professional, computer or outside sales). A job title or a salary alone does not make someone exempt.
Works out what a non-exempt employee is owed for a workweek under the federal Fair Labor Standards Act (time and a half over 40 hours, with a non-discretionary bonus included in the regular rate), compares it with what was paid, and estimates back pay and liquidated damages over the weeks the pattern continued. States may require more (such as daily overtime). The amounts are invented and the rules simplified: an illustration of the method, not an assessment of a real claim and not legal advice. Runs in your browser; nothing is stored or sent.
How to use it
- Enter the hourly rate, any bonus and what was paid for the week.
- Enter the hours worked on each day of the workweek.
- Say whether an exemption applies and whether the violation was wilful.
- Enter how many weeks the pattern continued, and read the shortfall and back pay.
Common questions
Is overtime owed after 8 hours in a day?
Not under federal law, which counts only hours over 40 in a workweek. Some states, such as California, also require daily overtime.
Does a salary mean no overtime?
No. A salaried employee is exempt only if they meet both the salary-level test and the duties test of an exemption, such as executive, administrative or professional.
How long do I have to claim unpaid overtime?
Two years under the FLSA, or three if the employer’s violation was wilful. State laws may allow longer.
Learn the law behind the tool
This tool is part of our Labor and Employment Law course, with lectures, concept maps, flashcards, interactive exercises and a capstone case. Labor and Employment Law: Wages, Hours and Workplace Safety.
More free law tools
General information, simplified, mainly on American law, not legal advice. States and countries differ, and real cases turn on facts that a tool cannot capture.