Free FLSA Overtime Complaint Generator

What Is an FLSA Overtime Complaint?

The Fair Labor Standards Act (FLSA), codified at 29 U.S.C. § 201 et seq., requires employers to pay non-exempt employees overtime at 1.5 times their regular rate for hours worked beyond 40 in a workweek. When employers fail to pay overtime, employees can file a federal complaint to recover unpaid wages plus liquidated damages.

Who Qualifies to File?

Any non-exempt employee who worked more than 40 hours in a workweek and was not paid overtime at 1.5x their regular rate. The FLSA covers most employees in the United States. Common exemptions include executive, administrative, and professional employees earning above the salary threshold ($58,656/year as of 2026).

Statute of Limitations

You have 2 years from the date of the violation to file (3 years if the violation was willful). The clock runs separately for each pay period, so you may recover unpaid overtime for all qualifying pay periods within the limitations window.

What CaseCraft Generates

• Court-ready DOCX complaint with federal formatting
• Proper statutory citations (29 U.S.C. § 207, § 216(b))
• Factual allegations based on your answers
• Source map linking each allegation to your provided facts
• PDF copy for your records

How to File

After generating your complaint, review it carefully. You can file in federal district court (the court covering the district where you worked or where the employer is located) or in state court. Filing fees vary by court but are typically $400-$450 for federal court. Many courts offer fee waivers for individuals who cannot afford the filing fee.