In the United States, a vast majority of employees are entitled to overtime pay for hours worked over the standard 40-hour workweek. However, there are instances where employers fail to pay the required overtime wages, an act that is not only unethical but also illegal.

Fortunately, workers' compensation laws and the Fair Labor Standards Act (FLSA) offer pathways for employees to recover their rightfully earned but unpaid overtime.

Understanding Overtime and Workers' Compensation 

The FLSA is a federal law that mandates employers to pay employees one-and-a-half times their regular pay rate for any work beyond 40 hours in a workweek. However, not all workers are eligible for overtime; certain categories such as managerial, administrative, or professional employees may be exempt.

• Workers' Comp Attorney: Workers' compensation, on the other hand, is a form of insurance that provides benefits to employees who suffer work-related injuries or illnesses. Though workers' compensation primarily addresses medical expenses and lost wages due to physical harm, it plays a crucial role in preserving workers' rights, including rightful overtime pay.

The Road to Recovering Unpaid Overtime

• Document Your Hours: The first step to recovering unpaid overtime is to ensure you have adequate documentation of the hours you've worked. Maintain a personal record of your daily and weekly work hours, especially those beyond the regular work hours, and compare this with the hours reported on your payslip.
• Communicate with Your Employer: Sometimes, unpaid overtime may simply be a result of errors in record-keeping or payroll. Politely, but firmly, discuss the issue with your employer or human resources department. Present your records to validate your claim. It's important to make such communication formal — through emails or official letters — to maintain a record of your efforts to resolve the issue.
• Consult an Attorney: If your employer fails to rectify the situation or denies owing you overtime pay, it's time to seek legal counsel. An attorney specializing in labor laws and workers' compensation can guide you through the process of filing an official claim.
• File a Wage and Hour Claim: The next step is to file a wage and hour claim with the Wage and Hour Division (WHD) of the U.S. Department of Labor or the state labor department, depending on where you live. You may need to provide evidence such as your employment contract, payslips, and records of your work hours.
• Seek a Court Resolution: If the claim through the labor department does not resolve the issue, you may have to resort to a lawsuit against your employer. Your attorney can guide you through this process.