FLSA Unpaid Overtime Lawsuit: How to File
A pro-se-friendly walkthrough of the Fair Labor Standards Act overtime provisions, the elements you must plead, and the practical steps from calculation to filing.
What is an FLSA overtime claim?
The Fair Labor Standards Act (FLSA), 29 USC §§ 201–219, is the federal wage-and-hour statute. Its core overtime rule is in § 207(a): non-exempt employees must be paid one-and-a-half times their regular rate for any hour worked beyond 40 in a workweek. If your employer has not paid you overtime — or has misclassified you as exempt to avoid it — you have a cause of action under § 216(b).
FLSA claims are among the most common federal employment cases because the statute is strict liability on unpaid wages, allows liquidated (double) damages, and shifts attorney's fees to the plaintiff if you prevail.
Key statutes
- 29 USC § 207(a) — overtime requirement (time-and-a-half over 40 hours/week).
- 29 USC § 206 — minimum wage.
- 29 USC § 216(b) — private right of action, liquidated damages, fee-shifting, collective actions.
- 29 USC § 255(a) — statute of limitations (2 years / 3 years if willful).
- 29 CFR Part 541 — white-collar exemptions (executive, administrative, professional).
- 29 CFR Part 778 — calculating the regular rate of pay.
Elements you must plead
- The defendant is an "enterprise engaged in commerce" (§ 203(s)) or you were individually engaged in commerce.
- You were an "employee" — not an independent contractor (economic-realities test).
- You were non-exempt — plead your actual job duties, not just the title.
- You worked more than 40 hours in at least one workweek.
- You were not paid time-and-a-half for those hours.
- The violation occurred within the limitations period (2 or 3 years).
What you need before filing
- Pay stubs covering the claim period (or bank deposits if no stubs).
- Time records — yours, the employer's, or reconstructed from schedules and emails.
- Offer letters / handbook / policy documents showing your classification.
- A damages spreadsheet: hours worked per week, regular rate, overtime owed, totals.
- Defendant's legal entity name and registered agent (check Secretary of State).
- Names of similarly-situated coworkers (for a collective action).
- Confirmation the limitations period is still open.
Calculating your damages
Regular rate = total non-overtime compensation ÷ total non-overtime hours. Overtime premium = 0.5 × regular rate × hours over 40. Then double it under § 216(b) unless the employer proves good faith. For fluctuating workweek or tipped employees, the calculation differs — read 29 CFR § 778.114 and § 531.
Federal court vs. DOL vs. state court
You have three forums. Federal court gives you the full § 216(b) remedies including collective action. DOL Wage and Hour Division is free, but you cannot get liquidated damages from a DOL investigation the same way. State court works if your state wage law provides an equal or greater remedy (e.g., California Labor Code § 1194 allows 4-year recovery on unpaid-wage claims).
How CaseCraft helps
Our Labor package generates an FLSA overtime reference complaint with the correct enterprise-coverage allegations, misclassification facts mapped to your actual duties, a damages table populated from your intake, and optional collective-action notice language. Citations are validated. Delivered in 6 to 24 hours.
Labor templates $300 standard, $450 rush (50% premium).
FAQ
How far back can I recover unpaid overtime under the FLSA?+
Two years for ordinary violations, three years if the violation was willful. 29 USC § 255(a). 'Willful' means the employer knew or showed reckless disregard for whether its conduct violated the FLSA (McLaughlin v. Richland Shoe, 486 U.S. 128 (1988)).
Am I exempt or non-exempt?+
Non-exempt employees are entitled to overtime. The most common exemptions are executive, administrative, professional, outside sales, and computer (29 CFR Part 541). As of 2026, the salary threshold for white-collar exemptions is $58,656/year ($1,128/week). Job title alone does not determine exemption — actual duties do.
What damages can I recover?+
Unpaid overtime wages, plus an equal amount in liquidated damages (29 USC § 216(b)), plus attorney's fees and costs. Liquidated damages can be avoided only if the employer proves good faith and reasonable grounds — a high bar.
Do I need to file with the Department of Labor first?+
No. Unlike Title VII, the FLSA does not require administrative exhaustion. You can sue directly in federal or state court. You may also file a Wage and Hour Division complaint with the DOL instead of, or in addition to, a lawsuit.
What is a collective action?+
FLSA § 216(b) allows 'similarly situated' employees to join a single lawsuit on an opt-in basis. This differs from a Rule 23 class action (opt-out). If other employees at your workplace have the same overtime issue, a collective action is typically more efficient.
Can CaseCraft AI prepare my FLSA complaint?+
Yes — as a reference template. Our labor package includes FLSA overtime complaints with the correct jurisdictional allegations, damages pleading, and collective-action notice language. We are not a law firm; consult a licensed wage-and-hour attorney before filing.
See also: Title VII EEOC complaints · California wrongful termination