Overview
Workers across industries are routinely denied the overtime pay they are legally owed. These violations often stem from company-wide policies that affect groups of employees—not just individuals. When employers systematically underpay workers, the law provides a path for employees to pursue claims together through collective and class actions.
Table of Contents
Your Right to Overtime Pay
Under the Fair Labor Standards Act (FLSA) and applicable state laws, most employees are entitled to time-and-a-half pay for all hours worked over 40 in a workweek. Employers cannot avoid these obligations through job titles, salary structures, or internal policies that conflict with the law.
Even employees paid a salary may be eligible for overtime if they are misclassified or perform primarily non-exempt duties.
Systemic Overtime Violations
Unpaid overtime is frequently the result of standardized practices applied across a workforce. These violations may include:
- Company-wide misclassification of employees as exempt or as independent contractors
- Uniform off-the-clock policies, requiring work before clock-in or after clock-out
- Automatic time deductions for meal breaks regardless of whether breaks are taken
- Failure to include bonuses, commissions, or incentive pay in overtime rate calculations
- Use of unlawful “comp time” policies in private-sector workplaces
- Rounding or timekeeping systems that consistently undercount hours worked
When these practices affect multiple employees, they may be challenged collectively to maximize efficiency and impact.
Collective and Class Actions
Wage-and-hour claims can often be brought as:
- FLSA Collective Actions: Allowing similarly situated employees to opt in and pursue claims together in federal court
- State Law Class Actions: Enabling groups of workers to seek relief under state wage laws through Rule 23 procedures
These mechanisms level the playing field—allowing workers to pool resources, reduce individual burden, and pursue meaningful recovery against large employers.
What You May Recover
Employees in unpaid overtime actions may be entitled to:
- Back pay for unpaid overtime wages
- Liquidated damages (typically equal to unpaid wages under federal law)
- Statutory penalties and interest under state law
- Attorneys’ fees and litigation costs
Because violations often extend across entire teams or departments, total recovery in class and collective actions can be substantial.
Our Approach
We focus on complex, plaintiff-side class action litigation involving systemic wage violations. Our attorneys conduct in-depth investigations into employer pay practices, analyze payroll data, and work with experts when necessary to build strong, evidence-based cases.
We are experienced in litigating against large corporations and navigating the procedural complexities of class certification and collective action proceedings.
Confidential Consultation
If you and your coworkers were denied overtime pay, you may have legal options. Wage-and-hour laws prohibit retaliation, and you can speak with us confidentially about your rights.
We offer free consultations and handle cases on a contingency fee basis—you pay nothing unless we obtain a recovery.
Contact us today to learn more about pursuing an unpaid overtime claim on behalf of yourself and others similarly affected. Please use the form on the right-hand side of the page or email us at info@bergermontague.com.
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Unpaid Overtime Class Action Lawyers FAQs
What is unpaid overtime?
Unpaid overtime occurs when an employer fails to pay eligible employees time-and-a-half for hours worked over 40 in a workweek, as required by the Fair Labor Standards Act (FLSA) and many state laws. This can happen through misclassification, off-the-clock work, or improper pay calculations.
Who is entitled to overtime pay?
Most employees are entitled to overtime unless they are properly classified as “exempt” under the law. Misclassification is common—being paid a salary or having a managerial title does not automatically make you exempt. Eligibility depends on your actual job duties and compensation structure, not your title.
What is a class or collective action?
Unpaid overtime cases are often brought on behalf of groups of workers:
- FLSA Collective Actions: Employees with similar claims can join a case by opting in
- State Law Class Actions: A group of employees can pursue claims together under state law, typically on an opt-out basis
These cases allow workers to challenge widespread pay practices more efficiently and effectively.
How do I know if I have a claim?
You may have a claim if you:
- Regularly worked more than 40 hours in a week without overtime pay
- Were labeled “exempt” but primarily performed non-managerial tasks
- Were required to work off the clock (before/after shifts, during breaks)
- Received bonuses or commissions that were not included in overtime calculations
- Were treated as an independent contractor but functioned like an employee
A consultation with an attorney can help determine whether your situation qualifies.
Can I join a case if I still work for the company?
Yes. Current employees can participate in overtime lawsuits. Federal and state laws prohibit retaliation, meaning your employer cannot legally discipline, terminate, or otherwise punish you for asserting your wage rights.
What if I only lost a small amount of pay?
Even small amounts of unpaid time can add up significantly over time. More importantly, class and collective actions are designed to address systemic violations affecting many workers, so individual claims—large or small—can be part of a broader case.
What compensation can I recover?
Depending on the case, you may be entitled to:
- Unpaid overtime wages (back pay)
- Liquidated damages (often doubling the unpaid wages under federal law)
- Statutory penalties and interest under state law
- Attorneys’ fees and costs
How far back can I recover unpaid wages?
Under federal law, you can typically recover unpaid wages going back two years, or three years if the violation was willful. State laws may allow for longer recovery periods. Because deadlines apply, it’s important to act promptly.
Do I have to pay anything upfront?
What should I do if I think I have a claim?
You should:
- Keep records of your hours worked and pay (if available)
- Save any communications about job duties or scheduling
- Avoid discussing your claim with your employer before seeking legal advice
Then, contact an experienced wage-and-hour attorney to evaluate your situation.
How do I get started?
Getting started is simple. Contact us for a free, confidential consultation. We’ll review your situation, explain your options, and determine whether you may be able to pursue a claim individually or as part of a class or collective action.
Reach out today to protect your rights and explore your legal options.
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