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Estimate Unpaid Overtime

A quick way to run the math under the federal Fair Labor Standards Act.

I built this tool so a worker can run the math without me. If you think you have been underpaid for overtime, you can enter what you were paid and how you were paid and see roughly what the numbers look like. It takes a few minutes. If the result looks meaningful, call me and I will go through it with you.

What you will need

  • Your pay structure: hourly, salary, day rate, or commission
  • Your typical weekly hours and the rate you were usually paid
  • The number of weeks of unpaid overtime you want to estimate

Takes about three to five minutes.

About this calculator

This tool produces a rough arithmetic estimate of unpaid overtime based on the numbers you enter. It does not analyze whether you are owed overtime under federal law. That question depends on facts the calculator cannot evaluate, including whether you are correctly classified as exempt, whether your employer is covered by the Fair Labor Standards Act, the hours you actually worked, and other facts specific to your job. The output is not legal advice. Using the calculator does not create an attorney-client relationship with Welmaker Law. If you want a real assessment of whether you have a case, schedule a free consultation and we will talk through the facts.

How were you paid?

A few questions to figure out which version of the tool fits your situation

Three quick questions. There are no wrong answers. This just routes you to the right version of the tool.

Was the amount on your paycheck mostly the same every pay period regardless of how many hours you worked, or did it change with the hours you worked?

Hourly: your numbers

The math here is pretty mechanical. Enter what you usually worked and what you were usually paid, and the tool will estimate the overtime the law would have required.

Before you enter your hours, think about these

  1. Were your meal breaks ever interrupted by work? If yes, count those meal breaks as hours worked.
  2. Did you do work-related tasks from home (emails, calls, system access) on top of scheduled hours? If yes, add an estimate.
  3. Did you drive between job sites during the day? If yes, count that driving as hours worked.
  4. Did your employer automatically deduct a meal break even on days you worked through it? If yes, add those deductions back.
If your rate changed over time, use the average. Your best estimate is fine.
Please enter your hourly rate.
Include all working time: driving between job sites, mandatory meetings, time before or after a shift you were required to be there.
Please enter your typical weekly hours.
If your employer paid you straight time for hours over 40, choose yes. If your employer paid you nothing for hours over 40, choose no.
Please choose one.
An approximate count works. For example, two years of full-time work is about 104 weeks.
Please enter the number of weeks.

Salary: your numbers

If your employer paid you a salary and said you did not get overtime, there is a chance that was wrong. This is the most common misclassification I see. The tool will estimate what overtime would look like if you should have been treated as non-exempt.

Before you enter your hours, think about these

  1. Were your meal breaks ever interrupted by work? If yes, count those meal breaks as hours worked.
  2. Did you do work-related tasks from home on top of scheduled hours? Salaried workers often do.
  3. Did you drive between job sites during the day? If yes, count that driving as hours worked.
  4. Did your employer automatically deduct a meal break even on days you worked through it? If yes, add those deductions back.
Enter the gross weekly amount before taxes. If you were paid biweekly, divide by 2. If monthly, divide by 4.33.
Please enter your weekly salary.
Include time before and after shifts that you were required to be there, mandatory meetings, and any work you took home.
Please enter your typical weekly hours.
An approximate count works. For example, two years of full-time work is about 104 weeks.
Please enter the number of weeks.

Day rate: your numbers

A day rate is a flat amount for each day worked. The Supreme Court decided in Helix Energy v. Hewitt that a day rate, even a high one, generally does not satisfy the salary-basis test for the white-collar exemptions. That means most day-rate workers are owed overtime. The tool estimates the overtime number based on what you tell it.

Before you enter your hours, think about these

  1. Were your meal breaks ever interrupted by work? If yes, count those meal breaks as hours worked.
  2. Did you do work-related tasks from home on top of scheduled hours?
  3. Did you drive between job sites during the day? If yes, count that driving as hours worked.
  4. If part of your daily pay was per diem or expense reimbursement, use only the wage portion when entering your day rate.
Enter the flat wage amount per day. Exclude per diem or expense reimbursement.
Please enter your daily rate.
A typical hitch is six or seven days. Use your usual pattern.
Please enter the number of days worked per week (1-7).
Include time at the rig site, yard, and any required travel between locations.
Please enter your typical weekly hours.
An approximate count works.
Please enter the number of weeks.

Commission only: your numbers

Commission-only pay is treated as the regular rate divided by total hours worked. The tool runs the same half-time math the courts apply under 29 C.F.R. ยง 778.118. Your numbers will be approximate.

Before you enter your hours, think about these

  1. Were your meal breaks ever interrupted by work? If yes, count those meal breaks as hours worked.
  2. Did you do work-related tasks from home on top of scheduled hours?
  3. Did you drive between job sites during the day? If yes, count that driving as hours worked.
  4. If your commissions were paid monthly or quarterly, the math is more complex but the overall exposure is similar.
If you received commissions on a longer cycle, divide the typical period total by the number of weeks in the period.
Please enter your typical weekly commissions.
Include time at the office, in the field, on the phone, on the road, and any work you did from home.
Please enter your typical weekly hours.
An approximate count works.
Please enter the number of weeks.

About this number

The figure above is an arithmetic estimate based on the inputs you provided. It is not a case valuation, not a settlement projection, and not an opinion on whether you are owed overtime under federal law. Whether you actually qualify for unpaid overtime depends on facts this calculator cannot evaluate, including how your job duties relate to the federal exemption tests, your actual hours worked, whether your employer is covered by the Fair Labor Standards Act, and how far back the statute of limitations reaches under the facts of your case. To find out whether you have a real claim, contact Welmaker Law for a free consultation. We will talk through the facts of your specific situation.

About jurisdiction

This calculator addresses unpaid overtime under the federal Fair Labor Standards Act. Some states also have wage and hour laws that may provide additional or different remedies. This calculator does not analyze state-law claims. The output is not legal advice in any state. Welmaker Law is based in Texas and represents workers in federal courts in Texas, New Mexico, Arkansas, Indiana, and North Dakota. Whether the firm can represent you depends on where your case can be filed under federal venue and personal-jurisdiction rules, which is a fact-specific question we will work through in your free consultation.

Talk to Doug

The calculator gives you an estimate. The next step is a short call with me. I will ask a few questions about how you were paid and how you tracked your time, and I will tell you whether what you have is worth pursuing. There is no charge for the call and no obligation.

First and last is fine.
I will use this to reach out.
This affects which federal district the case would be filed in.
Job title, employer name, anything else you think matters. This is optional. You can save it for the call.

About your information

If you provide your name, email, or phone number on this form, we use that information only to follow up about your potential case. We do not sell or share your information. We do not add you to a newsletter or marketing list. If we follow up and you decide not to pursue the case, we delete your information on request. The information you enter into the calculator inputs themselves (your pay rate, hours, and dates) is not retained after you leave the page unless you have given us your contact information and we are following up on a potential case.

Got it.

I will reach out within one business day.

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