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).
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