Back Pay and Wage Theft Calculator

Calculate back pay owed for unpaid overtime, minimum wage violations, misclassification, or withheld wages. Includes federal penalty estimates and liquidated damages.

💰 Employment📐 Back Pay = Hours Worked x (Owed Rate - Paid Rate)

Hours worked per week

Actual hourly pay received ($)

Legal minimum or owed rate ($)

Weeks this occurred

Please enter valid values.

Formula & Reference

Variable	Formula	Units
Back Pay and Wage Theft Calculator	Back Pay = Hours Worked x (Owed Rate - Paid Rate)	$ owed

Step-by-Step Examples

Example 1

Overtime Violation

50 hrs/wk, paid $12 flat, should be $16.50 + OT, 52 weeks.

Owed: $16.50x40 + $24.75x10 = $907.50/wk
Paid: $12x50 = $600/wk
Shortfall: $307.50/wk x 52 = $15,990
FLSA liquidated damages: $15,990 more
Total claim: $31,980

✓ $31,980 total potential claim

Example 2

Minimum Wage Theft

40 hrs/wk, paid $6 (below $7.25 federal minimum), 26 weeks.

Owed: $7.25x40 = $290/wk
Paid: $6x40 = $240/wk
Shortfall: $50/wk x 26 = $1,300
Liquidated: $1,300 more = $2,600 total

✓ $2,600 total

Example 3

Misclassified Independent Contractor

1099 worker doing 45 hrs/wk, paid $15/hr flat, 104 weeks.

OT owed: $15x1.5x5 = $112.50 OT per week
No OT paid = $112.50 x 104 = $11,700 back
Plus benefits value and tax issues

✓ $11,700+ OT claim

Real-World Applications

⚖️

Employees

Calculate how much back pay you may be owed for wage violations.

💼

Employment Attorneys

Quick intake calculation for wage theft and overtime violation claims.

🏢

HR Departments

Audit compliance with FLSA overtime and minimum wage requirements.

💸

Accounting

Calculate employer liability exposure from wage violation audits.

Common Mistakes to Avoid

⚠️

Not knowing about FLSA liquidated damages

The Fair Labor Standards Act allows employees to recover DOUBLE back pay (liquidated damages) plus attorney fees when employers willfully violate wage laws. Many employees only know about the principal amount.

⚠️

Assuming 1099 workers can't claim overtime

Independent contractor misclassification is a major enforcement area. Workers who are economically dependent on one employer and lack true independence may be legally employees entitled to overtime and minimum wage protections.

⚠️

Short statute of limitations

FLSA back pay claims go back 2 years (3 years for willful violations). Don't wait - file a complaint with the DOL or a private lawsuit promptly.

Frequently Asked Questions

What is the FLSA overtime rule? ▾

Non-exempt employees must receive 1.5x their regular rate for all hours over 40 in a workweek. This applies regardless of how you're classified (hourly, salary, piece-rate) if you're legally an employee under the FLSA.

What are FLSA liquidated damages? ▾

Under the FLSA, courts automatically double unpaid wages as liquidated damages unless the employer proves good faith. An employee owed $10,000 in back pay can recover $20,000 plus attorney fees.

Who is exempt from overtime? ▾

True executive, administrative, professional, outside sales, and certain computer employees earning over $684/week ($35,568/year) are FLSA exempt. Job title alone doesn't determine exemption status - the actual duties matter.

Can my employer make me work off the clock? ▾

No. All hours worked (including pre-shift, post-shift, and training) must be compensated. Making employees work off the clock is a federal violation regardless of whether it was voluntary.

How do I file a wage theft complaint? ▾

File with the US Department of Labor Wage and Hour Division (free, no attorney required). Or hire an employment attorney who typically works on contingency for FLSA cases. State labor boards also handle wage claims.