Unpaid Overtime & Double-Time Liquidated Damages Calculator (FLSA & State)
Calculate unpaid 1.5x overtime, 2.0x California daily double-time, plus mandatory 100% FLSA liquidated damages (double recovery).
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3. How the rule works
Who this is for
Hourly workers, and salaried workers who are not exempt, who think they were paid straight time or nothing for overtime hours and want to estimate what is owed.
It works from your own estimate of unpaid hours. The more closely you can reconstruct your schedule, the better the estimate.
What to have ready
- Pay stubs for the weeks in question.
- Your own record of hours: calendar, emails, badge or login times.
- Any bonus or commission plan that affects your regular rate.
- The dates your employment started and ended.
The rule
The federal Fair Labor Standards Act, 29 U.S.C. § 207, requires non-exempt employees to be paid one and a half times their regular rate for hours over 40 in a workweek. Under § 216(b), an employer who violates this owes the unpaid overtime plus an equal amount as liquidated damages and the employee's attorney's fees, unless the employer shows it acted in good faith with reasonable grounds (29 U.S.C. § 260). Claims must usually be brought within two years, or three for willful violations (§ 255). The regular rate includes non-discretionary bonuses and commissions.
California Labor Code § 510 also requires time and a half for hours over 8 in a day and for the first 8 hours on the seventh consecutive day, and double time for hours over 12 in a day. California's liquidated damages provision (§ 1194.2) applies to minimum wage violations rather than overtime, but overtime claims carry interest and attorney's fees under § 1194. New York's Labor Law allows liquidated damages of 100% and a six-year limitation period.
Read the official text:
- 29 U.S.C. § 207 (FLSA overtime)
- 29 U.S.C. § 216 (remedies)
- California Labor Code § 510
- U.S. Department of Labor: overtime pay
Worked example: paid straight time for overtime
Sam earns $25 an hour and worked 46 hours a week for 26 weeks. The employer paid $25 for every hour, including the 6 overtime hours.
Overtime rate = $25 x 1.5 = $37.50 Shortfall per OT hr = $37.50 - $25 = $12.50 (straight time already paid) Weekly shortfall = 6 x $12.50 = $75 Back overtime = $75 x 26 = $1,950 FLSA liquidated = + $1,950 Total under FLSA = $3,900, plus attorney's fees
Common mistakes
- Using the full overtime rate for hours already paid at straight time. Only the extra half is owed for those hours.
- Leaving bonuses or commissions out of the regular rate, which understates the overtime rate.
- Assuming a job title or salary makes you exempt. Exemption depends on salary level, salary basis and actual duties.
- Signing an agreement to waive overtime. Overtime rights cannot be waived by private agreement.
Limits of this tool
- Overtime rules vary by state; some states add daily overtime or higher rates and longer limitation periods.
- The tool does not apply California's daily or seventh-day rules unless you enter those hours yourself.
- Whether you are exempt is a separate question; see the exemption checker.
Sources were last checked in October 2026. Statutes are amended often; if the official text differs from this page, the official text controls.
4. Clear Next Steps & Statutory Action Plan
- Reconstruct your hours week by week from timecards, emails, badge records or a personal log.
- Work out your regular rate including any non-discretionary bonuses or commissions.
- Compare what you were paid with what was owed and raise it in writing, or file with the state labor agency or the U.S. Department of Labor.
5. Frequently Asked Statutory Questions (29 U.S.C. § 207 & § 216(b) (FLSA); Cal. Lab. Code § 510 & § 1194.2)
If I agreed to work overtime at my normal rate, is that lawful?
No. FLSA and state overtime rights cannot be waived by agreement. The employer still owes the overtime premium.
How far back can I claim?
Under the FLSA, two years, or three for willful violations. California generally allows three years under the Labor Code and up to four under the Unfair Competition Law; New York allows six.
Does California double unpaid overtime?
California's liquidated damages statute (§ 1194.2) covers minimum wage, not overtime. A California worker may still claim FLSA liquidated damages in a federal claim, and California claims carry interest and attorney's fees.
Does federal law require overtime for working more than 8 hours in a day?
No. The FLSA only looks at hours over 40 in a workweek. Daily overtime comes from state law, such as California's, Alaska's, Nevada's and Colorado's.
What if my employer says it did not know I worked extra hours?
An employer must pay for work it knew or should have known about, including work before or after a shift. Keeping your own records helps show what the employer knew.
Do bonuses change the overtime rate?
Non-discretionary bonuses, such as production or attendance bonuses, must be included in the regular rate under 29 C.F.R. Part 778. That raises the overtime rate for the weeks the bonus covers.