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How do I know if my overtime is being paid right?

Updated July 1, 2026United States

Short answer

Overtime is generally owed on hours worked beyond the legal threshold, and only to employees the law treats as "non-exempt". Under the federal Fair Labor Standards Act, covered non-exempt employees generally must be paid extra — commonly time-and-a-half — for hours worked over 40 in a workweek. But exemptions and state rules (some states add daily overtime) change who's covered and how, so confirm with the U.S. Department of Labor and your state labor office. Either way, keep a precise record of every hour you actually worked — including work before and after your shift — because overtime is won on hours.

Overtime disputes almost always come down to two questions: are you eligible, and can you show your hours? Here's how to work through both.

Step by step

  1. Work out whether you're likely non-exempt

    Many hourly workers are "non-exempt" and eligible for overtime; some salaried roles are "exempt" and aren't. Exemption depends on your actual job duties and how you're paid — not your job title alone. The Department of Labor publishes guidance; when it's unclear, treat it as a question to confirm, not assume.

  2. Track ALL the hours you actually work

    Include off-the-clock work: answering messages, setup and cleanup, working through breaks, staying late. This time is frequently unpaid and frequently owed, and it's exactly what a good record captures.

  3. Understand the general rule and its limits

    Per the FLSA, overtime for covered non-exempt employees is commonly time-and-a-half for hours over 40 in a workweek — but coverage, exemptions, and state rules (like daily overtime in some states) vary. Use the DOL and your state labor office to confirm what applies to you rather than relying on the general figure.

  4. Compare your hours to your pay

    Line up your recorded hours against what you were actually paid, week by week. Look for weeks over the threshold where no overtime premium appears — those are the ones to flag.

  5. Keep the evidence

    Save timesheets, schedules, and messages that show when you were working, alongside your own contemporaneous hours log. Your record is often the strongest evidence, especially if the employer's timekeeping is incomplete.

  6. Raise it or file a claim

    Ask your employer to correct it in writing first. If that doesn't work, you can file with the DOL's Wage and Hour Division or your state labor office — both handle overtime complaints, and there are deadlines that vary.

  7. Keep documenting

    Keep logging hours and pay through the whole process. Consistency over time is what makes an overtime claim hard to wave away.

Plain-English terms

Exempt vs non-exempt
Non-exempt employees are entitled to overtime; exempt employees aren't. Which one you are depends on your actual job duties and pay under the FLSA — not your title — so it's worth checking rather than assuming.
Overtime
Extra pay for hours beyond the legal threshold — under the FLSA, commonly time-and-a-half over 40 hours in a workweek for covered non-exempt employees. Some states add their own rules, such as daily overtime.
FLSA (Fair Labor Standards Act)
The federal law that sets the overtime baseline (and minimum wage and recordkeeping). Your state may provide stronger overtime rules on top of it.
Off-the-clock work
Work done outside your recorded or paid hours — prep, cleanup, working through breaks, after-hours messages. It's frequently still compensable, so track it.
Workweek
A fixed, recurring seven-day period an employer uses to calculate overtime. Overtime is generally figured week by week, not by pay period.

The tool for this

rippedoffworker

This guide tells you what to do. rippedoffworker does it with you — log every hour, including the off-the-clock time, and it lines your hours up against your pay so unpaid overtime is obvious. Every entry is dated for you.

  • Clock what you actually worked — including off-the-clock time
  • See recorded hours against pay, week by week, with the gap totaled
  • Export a complete, organized record for the DOL, your state labor office, or an attorney
See rippedoffworker

Related questions

This is general information to help you keep your own records — not legal advice. Overtime coverage, exemptions and state rules vary — confirm with the U.S. Department of Labor (Wage and Hour Division) and your state labor office for your situation.