Did you know millions of workers in America are being cheated out of pay right now?

Not because the law allows it…but because most workers don’t realize they can fight back.

Here’s what you need to know:

The issue of wage theft in America is massive. Predominantly, unpaid overtime claims, off-the-clock work violations, improper job titles to avoid paying time-and-a-half, etc. are considered unfair labor practice claims and many think these fights are unwinnable.

But they’re not. In fact, they’re pretty straightforward.

And the law is 100% on your side.

In this article you’ll learn:

1. What Counts as an Unpaid Wages Violation?
2. The Most Common Overtime Violations Employers Get Away With
3. What the Law Actually Says (And How It Protects You)
4. How to File Unfair Labor Practice Claims
5. When to Get a Lawyer Involved

What Counts as an Unpaid Wages Violation?

Simply put, a wage violation occurs whenever an employer refuses or neglects to pay you money that you’re legally owed.

This can happen in many ways most employees aren’t even aware of.

Examples of unpaid wage violations include:

• Failure to pay for time spent on a mandatory pre-shift security check
• Failure to pay for missed meal breaks
• Tip credit violations (tip withholding/pooling)
• Paying a flat salary when employee performs non-exempt duties

Think wage violations aren’t a big deal? Consider this:

Workers lose an estimated $15 billion each year to minimum wage violations alone. Once you throw unpaid overtime violations into the mix, the numbers get astronomically higher.

$15 Billion could’ve gone to things like…

• Food
• Rent
• Student loans
• Taxes
• Healthcare
• Child care
• YOU NAME IT

But instead, employers take it.

And why?

Because most employees don’t fight back.

The Most Common Overtime Violations Employers Get Away With

When it comes to unpaid overtime claims, employers absolutely rake them in.

Whether by mistake or intentionally, overtime violations are where most unfair labor practices begin. And if employees were aware of just how common these violations are, there would be a lot more claims being filed.

According to federal law, non-exempt employees must receive time-and-a-half for each hour worked over 40 in a week. That is, unless state law says otherwise.

Here are a few examples of common overtime violations:

• Misclassifying employees as “exempt”
• Requiring employees to work off-the-clock
• Averaging hours over a 2 week period
• Ignoring state overtime laws

Here’s something else to consider:

Researchers discovered that 76% of employees working over 40 hours per week were NOT compensated at the overtime rate they were entitled to. That’s right. Nearly four-out-of-five employees who worked overtime were shorted on their paychecks.

That is not a problem — that’s a travesty.

What the Law Actually Says (And How It Protects You)

You don’t have to be a lawyer to understand your rights as an employee.

Employees are guaranteed certain rights under the Fair Labor Standards Act of 1938. But here’s the kicker — NONE of it will help you unless you file a claim.

Below are just a few things the FLSA promises:

• Federal minimum wage
• Time-and-a-half overtime pay
• Ability to sue your employer for back wages + liquidated damages
• Protection from retaliation for filing a wage claim

Not sure where to start? Punchwork Law helps workers navigate unfair labor practice claims and identifies exactly where employers have crossed the legal line — and what can be done about it.

The FLSA is great…but did you know that some states have wage and hour laws that go even further?

State laws can require higher overtime thresholds and better protections for employees. Check with your state to learn more.

California, New York, and Washington are a few states with stricter standards than the federal baseline.

How to File Unfair Labor Practice Claims

Think fighting your employer is going to be some lengthy legal battle? Think again.

Here are the basic steps to filing a wage complaint:

1. Record your hours. Always.
2. Calculate what you’re owed.
3. File a complaint with the Department of Labor (DOL)
4. File a private lawsuit (optional)

Did you know that in Fiscal Year 2023 alone, the US Department of Labor recovered over $212 million in back wages for more than 163,000 workers?

Employees came forward, filed claims with their state or federal Department of Labor, and were paid the wages they rightfully earned. All because they decided not to take it anymore.

Don’t be afraid to file a claim.

Note: Each state has different wage claim limits. Under the FLSA, most employees have 2 years to file a wage claim. However, if the violation was intentional, you may have up to 3 years to file.

You don’t want to wait that long either. Many states require claims to be filed within 180 days.

When to Get a Lawyer Involved

Unless you know for certain your employer will comply, fight back, and pay you what you’re owed…it may be time to contact a lawyer.

Things to consider when hiring an employment lawyer:

• Employer refuses to pay / disputes claim
• You’ve faced retaliation for filing a complaint
• Multiple employees were affected
• Employer is big and will most likely have a lawyer

Again, most employment lawyers take cases on a contingency basis. This means there are no upfront fees. They get paid when you get paid.

Here’s something else to consider:

Civil penalties collected by the DOL hit records in 2023. Employers are being fined more money than ever before for violating labor laws.

Don’t be that employer.

The Bottom Line

Unpaid wages and overtime violations aren’t something you can just blow off.

These are ILLEGAL practices employers are committing against their employees. Laws exist for a reason and employee protections are there to help YOU.

Remember…

Know your rights. Document everything. And if you aren’t getting paid what you deserve, file a claim.

Employment claims are winnable. Plain and simple.

Cases are settled. Lawsuits are won. Workers recover billions of dollars each year in unpaid wages — and it’s all because they took matters into their own hands.

Will you be the worker who fights back?

Last modified: March 11, 2026