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The Wage Theft Estimator quantifies unpaid wages owed under the Fair Labor Standards Act (FLSA) and parallel state wage-and-hour laws. Three categories: (1) Unpaid overtime — hours worked over 40 per week not paid at 1.5× the regular rate; (2) Missed or unpaid meal/rest breaks where state law requires paid breaks (California, Oregon, Washington, Nevada, Illinois, and others); (3) Off-the-clock work — pre-shift setup, post-shift cleanup, donning/doffing gear, working through breaks, answering work emails on personal time, attending mandatory training. The calculator computes weekly wage theft = (OT hours × 1.5 × hourly rate) + (break hours × hourly rate) + (off-clock hours × hourly rate), then multiplies by weeks worked. Additionally, FLSA Section 16(b) provides for liquidated (double) damages on willful violations — the employer pays twice the unpaid wage plus the employee's attorney fees. This doubling is automatic in most successful wage cases unless the employer proves good-faith reasonable belief the conduct was lawful. Wage theft is the largest property crime by dollar value in the US — Economic Policy Institute estimates $50 billion annually, dwarfing all other forms of theft combined. Most victims never recover funds because they don't realize they have a claim, fear retaliation, or can't afford litigation. Calculator output is intended to surface the scope of likely owed wages so workers can decide whether to consult an employment attorney or file with the US DOL Wage and Hour Division (free, no attorney needed for many claims). IMPORTANT — This calculator provides educational estimates only, not legal advice. Wage theft claims have statute of limitations (2 years FLSA, 3 years for willful violations; state laws vary — California 3 years, NY 6 years). Some employees are 'exempt' from overtime under FLSA white-collar exemptions (executive, administrative, professional with salary ≥ $35,568/year as of 2024 — rule changes pending) and have different rights. Tipped workers, agricultural workers, and certain industries have specialized rules. Consult an employment attorney before filing any wage claim — many work on contingency (no fee unless you win).
Total Owed = ((OT × 1.5 × Hourly) + (Break × Hourly) + (Off-Clock × Hourly)) × Weeks; With Double Damages = Total × 2
- 1Step 1 — Enter your hourly wage (or salary ÷ 2080 for salaried/non-exempt analysis)
- 2Step 2 — Estimate weekly unpaid overtime hours (any work over 40/week not paid at 1.5×)
- 3Step 3 — Estimate weekly missed or interrupted paid break hours per state law
- 4Step 4 — Estimate weekly off-the-clock hours (pre-shift, post-shift, work communications outside paid time)
- 5Step 5 — Enter the claim period (within FLSA 2-year, willful 3-year, or state-specific statute)
- 6Step 6 — Calculator computes weekly + total wage theft, plus FLSA double damages estimate
- 7Step 7 — Use output to decide whether to consult an employment attorney or file with DOL/state agency
Weekly: $15 × 1.5 × 5 + $15 × 2.5 + $15 × 1 = $112.50 + $37.50 + $15 = $165. Annual: $8,580. Double damages: $17,160. Strong claim for FLSA + state break laws.
Misclassification claim — if exec duties were minimal, employee was actually non-exempt
Salary basis alone doesn't make exempt — duties test matters. Many 'assistant managers' should be non-exempt.
Common pattern: required tasks before clock-in or after clock-out. FLSA requires payment for all hours suffered or permitted to work.
Wage claim preparation before consulting attorney
Class action damages estimation
Employment dispute documentation
Workplace rights awareness training
Settlement negotiation framework
DOL Wage and Hour Division filing preparation
Are tipped workers protected?
Yes — FLSA tip credit rules require the employer to make up any shortfall between tips received and the regular minimum wage. Tip theft (managers taking tips, mandatory tip pooling with non-tipped employees, employer keeping any portion of tips) is unlawful and recoverable, plus liquidated damages. Some states (CA, OR, WA, NV, AK, MN, MT) require full minimum wage on top of tips with no tip credit at all.
What if I'm salaried — can I still claim overtime?
Depends on whether you meet FLSA exemption tests. Being paid salary is NECESSARY but NOT SUFFICIENT for exemption — you must also satisfy a duties test (executive, administrative, professional, computer professional, or outside sales) AND earn at least $684/week ($35,568/year) as of 2024. If your duties are largely non-managerial, you may be misclassified and entitled to back overtime even though paid as salary.
How do I prove the hours?
Best evidence is your own contemporaneous log — keep a notebook or app tracking actual clock-in, clock-out, breaks, off-clock tasks. Employer records often understate hours. The DOL accepts reasonable employee estimates when employer records are incomplete or fraudulent. Witnesses (coworkers facing same conditions) strengthen claims. Texts, emails, and timestamps on work-related communications outside paid hours all help.
Will I be retaliated against if I file a claim?
Retaliation for filing FLSA or state wage claims is illegal — separate cause of action with its own damages (lost wages plus possibly emotional distress, punitive damages). In practice, employees frequently leave employment first then file. Consult an employment attorney about timing and protection strategy before raising concerns at work.
DOL claim vs private lawsuit — which is better?
DOL Wage and Hour Division (whd.gov) is free, no attorney required, but can be slow (6–18 months) and recovers single damages plus interest. Private lawsuit (or class action) typically recovers full liquidated damages + attorney fees + interest. Class actions are valuable when many employees share the same violation. Most employment attorneys offer free consultations and contingency fees — no out-of-pocket cost.
전문가 팁
Document everything in real time — keep a personal log of clock-in/out, breaks taken or missed, off-clock work performed. Employer records are often incomplete or systematically understate hours in wage theft cases. The DOL and courts give weight to reasonable employee estimates when employer records are inadequate. A simple notebook beats relying on memory months later.
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