Wage theft includes unpaid overtime, off-the-clock work, illegal deductions, and paying below minimum wage. This calculator estimates your unpaid wages and the liquidated damages you may be entitled to recover under federal law - often doubling your actual unpaid amount.
Your pay information
Unpaid overtime
Off-the-clock work and other unpaid time
Illegal deductions or unpaid final wages
A wage and hour attorney confirms your exact classification, calculates precise damages using your actual pay records, and can file a Department of Labor complaint or lawsuit on your behalf. Many wage theft attorneys work on contingency.
Wage theft covers several distinct violations: unpaid overtime (not paying 1.5x for hours over 40/week for non-exempt employees), off-the-clock work (requiring tasks before clocking in or after clocking out), minimum wage violations, illegal deductions that drop pay below minimum wage, tip theft or improper tip pooling, and misclassifying employees as independent contractors or exempt to avoid overtime obligations.
Misclassification is one of the most common and financially significant forms of wage theft. Being labeled "exempt" or an "independent contractor" doesn't make it true - courts and the Department of Labor look at the actual nature of the work, not just the label your employer used. Being paid a salary alone doesn't make you exempt from overtime; specific job duties tests must also be satisfied.
If your wage theft situation is connected to a termination, check the wrongful termination screener - retaliation for complaining about wage violations is illegal and may support an additional claim.
To be legally exempt from overtime, an employee generally must be paid a minimum salary threshold (which increases periodically) AND perform specific job duties defined by regulation - executive, administrative, or professional duties involving genuine independent judgment and discretion. Simply having a manager title doesn't make someone exempt if their actual daily work is largely the same non-exempt tasks as the people they supposedly supervise.
Independent contractor misclassification is separately problematic - if your employer controls your schedule, provides your tools and training, and treats you like an employee in every practical sense while calling you a contractor, you may actually be a misclassified employee entitled to overtime, minimum wage, and other protections regardless of what your contract says.
Under the Fair Labor Standards Act (FLSA), employees who prevail on unpaid overtime or minimum wage claims are generally entitled to "liquidated damages" equal to the amount of unpaid wages - effectively doubling the recovery. This is meant to compensate for the practical harm of not having wages when they were due, and to deter employer violations.
Employers can avoid liquidated damages only by proving they acted in good faith and had reasonable grounds to believe their pay practices complied with the law - a defense that's often difficult for employers to establish, particularly when the violation involves a common practice like off-the-clock work or systematic overtime avoidance.