When you stay late, pick up extra shifts, or work through weekends, your job is demanding that you trade away your personal time—time with family, rest, or just a break. That kind of commitment should come with fair pay. But not every employer plays fair. Some quietly cut corners, hoping you won’t notice the missing overtime on your paycheck or think it’s not worth speaking up. If you’ve worked more than 40 hours in a week and haven’t been paid time-and-a-half, you’re not just being shortchanged, and your rights may be getting violated. An unpaid overtime lawsuit is one way to take action and start reclaiming the wages you’ve already earned. At Ethen Ostroff Law, we help workers hold employers accountable when they break wage laws. If you’re tired of being underpaid and overlooked, let’s talk about how we can help you get your time and money back.
Millions of people are putting in extra hours and not seeing a dime for that time. Whether it’s staying late to finish a project or answering emails outside work hours, unpaid overtime is happening in almost every industry.
Here’s what the numbers tell us:
Under the Fair Labor Standards Act (FLSA), most hourly and non-exempt workers are entitled to time-and-a-half pay for hours over 40 in a week. Yet, weak enforcement, job misclassification, and workplace pressure leave many employees shortchanged.
If you’re working extra hours without fair pay, you’re not just losing money—you’re losing time. And that’s something you should never have to give away for free.
Your paycheck isn’t just a courtesy—it’s a legal obligation. When you work, your employer must pay you for that time, plain and simple. Whether you’re paid hourly or on salary, Pennsylvania law (and federal wage protections) ensures you receive every dollar you’re owed.
Here’s how it works:
Bottom line? If you worked for it, you deserve to be paid for it—no excuses. And if your employer isn’t holding up their end, the law can help make it right.
Most hourly workers are legally entitled to extra pay for extra hours. If you’re putting in more than 40 hours a week, federal law says you should be earning time-and-a-half (that’s 1.5 times your normal rate) for every additional hour.
Imagine you make $20/hour and work 45 hours this week:
Regular pay: 40 hours × $20 = $800
Overtime pay: 5 hours × $30 ($20 × 1.5) = $150
Your total paycheck should be: $950
Watch out for this trick: Some employers try to average your hours across two weeks to avoid paying overtime. That’s illegal. Even if you work fewer hours the next week, any week where you exceed 40 hours qualifies for overtime pay.
Pennsylvania follows the same overtime rules as federal law (under the Minimum Wage Act (WMA), FLSA, and WPCL). Unless you’re in certain exempt positions (typically some salaried roles), you should be getting that time-and-a-half whenever you work overtime.
Most Pennsylvania workers punching in more than 40 hours a week are legally entitled to time-and-a-half pay for those extra hours. This protection comes from both federal law (FLSA) and Pennsylvania’s own wage laws (MWA and WPCL). Here’s what you need to know:
You’re probably eligible if:
To be exempt from overtime, employees must:
Highly compensated employees ($107,432+/year) have different rules. For salaried non-exempt workers in Pennsylvania, your “regular rate” for overtime calculations is based on a 40-hour week—meaning you might actually get more overtime pay than you’d expect.
Certain workers don’t qualify for overtime, including:
Planned increases to the salary thresholds (scheduled for 2024-2025) are currently on hold due to legal challenges, so the $684/week minimum remains in effect.
Unless your job clearly falls into one of the exempt categories, those extra hours you’re working should be earning you overtime pay. When in doubt, it’s worth checking. Many employees are misclassified as exempt when they should actually be getting time-and-a-half.
Unpaid overtime happens when you work more than 40 hours in a week but don’t get the extra pay you’re legally owed for those extra hours. Under both federal law (FLSA) and Pennsylvania law, most employees must be paid time-and-a-half—that’s 1.5 times your regular hourly rate—for every hour worked over 40 in a single workweek.
Let’s say you make $15 an hour and work 50 hours in one week. You should be paid $825: $600 for the 40 hours plus $225 for the 10 overtime hours. If your employer only pays you $750 (50 hours × $15), you’re missing $75 in unpaid overtime. That missing money is considered wage theft. And it’s illegal. If you worked the hours, you’re entitled to the full pay, including overtime. Anything less is a violation of your rights.
If you’re putting in extra hours, you should be paid for them, simple as that. But some employers find ways to cut corners. Here are some of the most common ways workers get shortchanged when it comes to overtime:
And when it comes to dodging overtime entirely, some employers get creative. For example:
None of these tactics are okay, and they’re often illegal. If something feels off, it probably is. Keep track of your hours, and don’t hesitate to ask questions or talk to someone who can help. You deserve to be paid for every hour you put in.
If you’ve earned overtime but your employer isn’t paying you up, you’re not stuck. Pennsylvania law gives you options to recover what you’re owed. Under the WPCL, your employer must pay all wages you’ve earned, including overtime, on time, according to your usual payday schedule. If they don’t, and they hold onto that money for more than 30 days past your last regular payday, you can take legal action to get it back.
In many cases, you can sue for your unpaid wages and also ask for extra money—25% more than what you’re owed—as a penalty for the delay. That extra amount is called “liquidated damages,” and it’s there to hold employers accountable for not paying what they should.
When employers don’t pay overtime they owe, workers have three main ways to pursue what’s rightfully theirs:
If you’ve worked overtime without proper pay, you don’t have to accept it. An experienced overtime attorney can explain which approach makes the most sense for your situation.
If your employer hasn’t paid you for overtime, you have the right to take legal action. Both federal and Pennsylvania law allow workers to sue for unpaid wages when employers break the rules. You can file an unpaid overtime lawsuit under the FLSA and Pennsylvania’s WPCL and MWA. If the court finds your employer violated these laws, you could recover all of your unpaid wages and possibly double that amount through what’s known as liquidated damages. In some cases, the company isn’t the only one on the hook. Owners, managers, or others who made the decision not to pay you can sometimes be held personally responsible too. Getting shorted on your paycheck is illegal. An overtime pay lawsuit can help make things right.
Under federal law, most employees have two years from the date their unpaid wages were due to file a claim under the FLSA. If the employer’s violation was willful, the deadline extends to three years. In Pennsylvania, workers have up to three years to file a claim under the WPCL.
When you take legal action for unpaid overtime, here’s what you may be able to recover:
These are designed to compensate you fairly and hold employers responsible when they break wage laws.
Building a winning unpaid overtime lawsuit comes down to one word: proof. Here’s how to document your claim effectively:
Even though employers must keep accurate records by law, your own proof becomes vital if their records are wrong or missing. An overtime lawyer can gather and organize all your evidence to build the strongest possible case.
If you’re putting in the hours and not getting paid what you’re legally owed, it’s illegal. At Ethen Ostroff Law, we help workers across Pennsylvania and beyond take action when employers violate wage laws. Suing for unpaid overtime is about holding companies accountable for their treatment of employees.
We take the time to review your hours, your pay history, and how the law applies to your situation. If you qualify to file an unpaid overtime lawsuit, we’ll walk you through every step of the process. And if you’re entitled to back wages, unpaid overtime settlements often include more than just what you’re owed—they can also cover interest, penalties, and attorney’s fees.
You’ve earned your pay. If your employer didn’t deliver, we’ll help you fight for what’s yours. Book your free case review
No, the Fair Labor Standards Act (FLSA) explicitly requires employers to pay overtime wages. Non-exempt employees must receive 1.5 times their regular rate for all hours worked beyond 40 in a workweek. Many states, including Pennsylvania, provide additional protections beyond federal law.
First, carefully document all hours worked, including overtime. Then consider filing a claim with the Department of Labor or consulting an employment attorney. Employers who violate overtime laws may be required to pay back wages plus additional penalties.
Yes, you have the right to file an unpaid overtime lawsuit to recover unpaid overtime wages. Successful claims typically recover the full amount owed plus liquidated damages equal to the unpaid wages. An experienced personal injury attorney can evaluate your case and guide you through the legal process.
You may recover the full amount of unpaid overtime wages, plus an equal amount in liquidated damages. In some cases, courts may also award interest, penalties, and attorney’s fees. The exact amount depends on your specific circumstances.
Yes, the law treats mandatory overtime the same as voluntary overtime. All hours worked beyond 40 in a workweek must be compensated at 1.5 times the regular rate, regardless of whether the overtime was required or optional.
Class actions allow groups of employees with similar unpaid wage claims to pursue legal action collectively. These lawsuits are particularly effective when multiple workers have experienced the same violations, as they streamline the legal process and often result in comprehensive settlements.
His career began in public service as a Surveillance Officer in Maricopa County, where he gained firsthand experience in high-stakes decision-making and developed a deep sense of discipline and accountability. He later served as Chief Operating Officer of a fast-growing law firm, driving efficiency, revenue growth, and team development. Today, Ryan focuses on helping law firms reach their full potential by aligning people, processes, and long-term vision. A strategic thinker and empowering leader, Ryan is passionate about developing others and guiding organizations through meaningful, lasting growth.
Passionate about securing legal rights, Joseph actively participates in pro bono work through various organizations, including Christian Legal Aid of Pittsburgh and the ABA Military Pro Bono Project. Licensed to practice in Pennsylvania and the U.S. District Court for the Western District of Pennsylvania, he is a member of the Allegheny County and Pennsylvania Bar Associations. Outside of work, Joseph enjoys sports, reading, and creative writing, and has been involved in rowing and curling. He resides in Mt. Lebanon, Pennsylvania, with his parents.
Nicholas began his post-graduate career clerking for the Honorable Linda Rovder Fleming in the Cambria County Court of Common Pleas. From there, he quickly found his calling in workers’ compensation, personal injury, and Social Security disability law—areas where he could directly impact people’s lives in moments of crisis. He’s helped clients navigate complex legal claims, including securing a settlement exceeding $300,000.
Nicholas brings clear communication, genuine empathy, and an unrelenting drive to achieve the best outcomes for his clients. Whether he’s navigating a complex workers’ comp claim or pushing for a major settlement, he brings focus, dedication, and deep legal knowledge to every case.
He’s also a proud member of Pennsylvania Advocates for Justice and remains active in various professional legal organizations. Nicholas is licensed to practice law in Pennsylvania.
When he’s not fighting for the injured, Nicholas is enjoying time with his family, kicking a soccer ball around, hitting the golf course, or cheering on Pittsburgh’s local teams.
Joe Ring heads the workers’ compensation department at Ethen Ostroff Law, where he takes pride in fighting for injured workers.
Joe is a Philadelphia native and maintains deep roots in the area. As the grandson of a Philadelphia Firefighter, son of a Philadelphia public school teacher, and veteran of the United State Marine Corps, he was taught to value service, dedication, and hard work. He applies these values to every case and takes great satisfaction in representing hard-working clients with those same traits.
After obtaining his bachelor’s degree in history from St. Vincent College in Western Pennsylvania, he graduated from Villanova Law School in 2012 and, since then, has litigated hundreds of workers’ compensation hearings and trial depositions on behalf of both employers and injured workers. During this time, Mr. Ring has written articles and presented Continuing Legal Education courses on developments in Pennsylvania Workers’ Compensation Law. He is active in local professional organizations, and, in 2022, he served a Co-chairperson of the Philadelphia Bar Associations Workers’ Compensation Section.
Since coming to EOL in 2024, he has dedicated his practice entirely to helping injured workers navigate the system and obtain their rightful benefits.
Joe is licensed to practice in Pennsylvania.
Brandon Zanan heads the personal injury claim department with Ethen Ostroff Law.
Brandon’s education in both law and medicine assist him in expertly representing badly injured victims. Brandon has a Master’s Degree in Forensic Medicine from the Philadelphia College of Osteopathic Medicine, with a concentration in anatomy and pathology. With this knowledge, Brandon is skilled at analyzing medical records and understanding injuries that are common in personal injury claims. He uses this expertise in conjunction with listening carefully to each client’s needs, in order to fiercely advocate for clients and tell their stories when they would not otherwise have a voice.
Brandon’s background includes a variety of experience and skills in various areas of civil practice. He is the author and editor of numerous books for the George T. Bisel Publishing Company, including “Pennsylvania Damages” and the “Pennsylvania Vehicle Code Annotated,” two texts that are frequently relied on by lawyers and judges across Pennsylvania as authoritative resources on personal injury law.
Brandon is a member of the Pennsylvania and Montgomery Bar Associations. He is also a member of Pennsylvania Association for Justice, and has served as an executive board member of the Montgomery American Inn of Court.
He is admitted to practice in the Commonwealth of Pennsylvania, the United States District Courts for the Eastern District of Pennsylvania and Middle District of Pennsylvania, the State of New Jersey, the United States District Court for the District of New Jersey, and in the Commonwealth of Virginia. Brandon has represented many clients in motor vehicle, premises liability, animal bite, and products liability cases across Pennsylvania and New Jersey and has obtained outstanding results with millions of dollars recovered for his clients.
He has been named a Pennsylvania Rising Star from 2021 onward. The “Super Lawyers-Rising Star®”, list recognizes no more than 2.5 percent of attorneys in each state
Brandon currently lives in Malvern with his wife Rachel and their son Max.
Effective Date: July 10, 2024
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