Unpaid overtime is wage theft — and it is illegal in every country covered here. You can recover up to 3 years of back pay, plus penalties, through your country's labour enforcement agency. Here is exactly what you are owed, how to calculate it, and how to claim it back.
The short answer: Yes — your employer is breaking the law. In most jurisdictions overtime begins after 8 hours per day or 40 hours per week and must be paid at a premium rate. Misclassifying you as exempt, salaried, or a manager does not automatically waive your overtime rights.
Time limits are strict. In the US you have 2 years (3 if willful). In Mexico just 2 months. Every week you wait is a week of back pay you may lose permanently.
⏱ When Does Overtime Kick In — By Country
🇺🇸 United States — FLSAOver 40 hours/week at 1.5x rate. File: DOL 1-866-487-9243. Deadline: 2 years (3 if willful).
🇨🇦 Canada — by provinceOntario: over 44 hrs/week. Quebec: over 40 hrs/week. Rate: 1.5x. CNESST: 1-844-838-0808.
🇫🇷 FranceOver 35 hrs/week. +25% for hrs 36-43. +50% beyond 43. Inspection: 3646. Deadline: 3 years.
💰 How to Calculate What You Are Owed
Formula: (Hours above threshold per week) x (Regular rate x 1.5) x (Number of weeks)
Example: 50 hrs/week at $20/hr = 10 overtime hours x $30 = $300/week. Over 52 weeks = $15,600 owed, plus potential liquidated damages.
📋 How to Claim — Step by Step
STEP 1 — Document every hour
Build your evidence log before anything else
Gather every record proving the hours you worked: emails sent outside normal hours, entry/exit records, shift rosters, calendar entries. Use the WORKWARS wage theft documentation guide.
STEP 2 — Calculate the exact amount
Come to the agency with a specific number
Labour boards respond to specific dollar figures calculated week by week. Specific calculations get significantly more weight than vague allegations.
STEP 3 — Notify your employer in writing
Create a paper trail before escalating
Email HR documenting the unpaid overtime total. Give them 5 business days. This creates an official record and sometimes resolves the issue immediately.
STEP 4 — File a formal complaint
Your government agency handles this for free
You do not need a lawyer. The agency demands the employer produce payroll records — most cases settle quickly once the investigation begins.
⏰ Strict Filing Deadlines
Every day you wait is potentially a day of back pay you lose permanently.
⚠ Know what employers do to avoid paying what they owe — and how to counter it.
Misclassifying workers as 'managers' or 'supervisors' to claim an exemption from overtime rules
Requiring off-the-clock work before shifts, after shifts, or during unpaid meal breaks
Averaging hours across weeks to avoid triggering weekly overtime thresholds
Paying a flat salary and claiming it covers all hours regardless of actual time worked
Pressuring workers not to record overtime hours to keep payroll costs down
What You Should Do Next
Start recording your actual hours worked every day — use your phone or a notebook kept off company premises
Gather pay stubs, schedules, and any written communications about hours or pay
Calculate your unpaid overtime using your regular rate multiplied by 1.5 for each overtime hour
Do not confront your employer until you have at least 2-4 weeks of documented evidence
File a complaint with your labor board — limitation periods are strict (2 years in the US, 2-3 years in Canada)
Frequently Asked Questions
Does a salary mean I'm not entitled to overtime?
Not necessarily. Being paid a salary only exempts you from overtime if you also meet a duties test — managing staff, exercising independent judgment on significant matters. Many 'salaried' workers are still legally entitled to overtime.
Can my employer average my hours over two weeks to avoid overtime?
In most jurisdictions, no. Overtime is calculated weekly, not bi-weekly. Averaging across pay periods to reduce overtime pay is illegal in Canada, the US, and the UK.
What if I signed a contract waiving overtime?
Overtime rights are statutory — they cannot be waived by contract. Any agreement to work overtime without premium pay is unenforceable.
How far back can I claim unpaid overtime?
US: 2 years (3 if willful). Canada: 2-3 years depending on province. UK: 2 years. France: 3 years. Mexico: 2 months. File as soon as possible.
