Back Pay Calculator
Find out how much your employer owes you for unpaid wages and overtime, with FLSA liquidated damages and state penalty estimates.
Hourly Rate
Hours Entered As
Unpaid Regular Hours
Unpaid Overtime Hours
Overtime Rate
Weeks Affected
FLSA Liquidated Damages
State (for Penalty Estimates)
Disclaimer: This calculator provides estimates for educational purposes only and does not constitute legal advice. Consult a qualified employment attorney for advice about your case.
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How Back Pay Works
Back pay is money your employer owes you for work you did but never got paid for. That could mean unpaid wages, missed overtime, minimum wage violations, or withheld bonuses. The Fair Labor Standards Act (FLSA) gives you the right to recover what you're owed.
Most back pay claims come from unpaid overtime, minimum wage violations, payroll mistakes, misclassified workers, or withheld commissions. Don't confuse back pay with retroactive pay (retro pay). Retro pay is a legitimate correction, like a raise applied backward to an earlier start date. Back pay means something went wrong: your employer broke wage law.
In fiscal year 2024, the U.S. Department of Labor recovered over $273 million in back wages through FLSA enforcement alone.
FLSA Rules and Liquidated Damages
The FLSA covers most hourly and non-exempt salaried workers. Employers must pay at least the federal minimum wage ($7.25/hour) for every hour worked, plus overtime at 1.5x for anything over 40 hours in a workweek.
Here is the part that surprises people: FLSA Section 16(b) lets employees who win a wage claim collect liquidated damages equal to the unpaid wages themselves. So if your employer owes $5,000 in back pay, you could get another $5,000 on top of that, totaling $10,000. The burden falls on the employer to prove they acted in good faith.
You can recover wages four ways under the FLSA: DOL-supervised payment, a Secretary of Labor lawsuit, a private lawsuit, or an injunction. The statute of limitations is 2 years for standard violations and 3 years for willful ones. Attorney's fees and court costs are recoverable too.
State Penalty Overview
A number of states pile their own penalties on top of federal FLSA damages, and the extra amount can be substantial:
- California: Waiting time penalties of up to 30 days' daily wages, plus PAGA penalties of $100-$200 per employee per pay period.
- New York: 100% liquidated damages plus 9% annual interest, with a 6-year statute of limitations.
- Massachusetts: Treble (3x) damages with no good-faith exception.
- Colorado: 50% penalty in the first year, 75% in subsequent years.
- Illinois: 5% per month penalty that compounds monthly.
Texas and Florida, by contrast, add little beyond what the FLSA already provides.
State Penalty Reference
| State | Penalty Type | Penalty Amount | Statute of Limitations |
|---|---|---|---|
| California | Waiting time + PAGA | Up to 30 days' wages + $100-$200/period | 3 years (4 yrs unfair business) |
| New York | Liquidated damages | 100% of unpaid wages | 6 years |
| Massachusetts | Treble damages | 3x unpaid wages | 3 years |
| Colorado | Wage Act penalty | 50% (yr 1), 75% (yr 2+) | 2-3 years |
| Illinois | Monthly penalty | 5% per month unpaid | 3 years |
| Pennsylvania | Statutory penalty | 25% of unpaid wages | 3 years |
| Ohio | Late payment penalty | 6% or $200 (whichever is greater) | 2 years (FLSA) |
| Texas | Administrative | Up to $1,000/violation | 2 years (FLSA) |
| Florida | Federal only | FLSA damages only | 2 years (FLSA) |
| Washington | Statutory penalty | Up to 2x unpaid wages | 3 years |
| New Jersey | Liquidated damages | Up to 200% of unpaid wages | 6 years |
| Michigan | Wage penalty | Up to $1,000 + damages | 3 years |
Back Pay Quick Reference
| Hourly Rate | 40 Unpaid Hours | 80 Unpaid Hours | 160 Unpaid Hours | With FLSA 2x (160 hrs) |
|---|---|---|---|---|
| $7.25 | $290 | $580 | $1,160 | $2,320 |
| $10.00 | $400 | $800 | $1,600 | $3,200 |
| $15.00 | $600 | $1,200 | $2,400 | $4,800 |
| $20.00 | $800 | $1,600 | $3,200 | $6,400 |
| $25.00 | $1,000 | $2,000 | $4,000 | $8,000 |
| $30.00 | $1,200 | $2,400 | $4,800 | $9,600 |
| $40.00 | $1,600 | $3,200 | $6,400 | $12,800 |
| $50.00 | $2,000 | $4,000 | $8,000 | $16,000 |
| $60.00 | $2,400 | $4,800 | $9,600 | $19,200 |
| $75.00 | $3,000 | $6,000 | $12,000 | $24,000 |
Steps to Recover Your Unpaid Wages
- Document everything. Save pay stubs, time records, schedules, and any written communications about your pay.
- Calculate what you're owed using this calculator to get a rough estimate of your total claim.
- File a complaint with the DOL Wage and Hour Division (WHD) or your state labor department.
- Talk to an employment attorney. Many handle wage cases on contingency, so there are no upfront fees.
- Watch the clock. The FLSA statute of limitations is 2 years (3 years for willful violations). State deadlines vary.
- You're protected. Employers cannot fire or punish you for filing a wage claim. That is federal law.
Sources: U.S. Department of Labor, Back Pay, DOL Handy Reference Guide to FLSA, Salary.com, Patriot Software, Remote.com
Frequently Asked Questions
Answers to the questions we hear most about back pay
What is back pay?
Back pay is money your employer owes you for work you did but never got properly paid for. That can include unpaid wages, missed overtime, minimum wage violations, or withheld bonuses. The Fair Labor Standards Act gives you the right to go after what you're owed.
How is back pay calculated?
Take your hourly rate and multiply it by the number of unpaid hours. For overtime, use your overtime rate (usually 1.5x) instead. Add the two together. If you file under the FLSA, you may also get liquidated damages equal to the unpaid wages, which doubles the total.
What are FLSA liquidated damages?
FLSA Section 16(b) says employees who win a wage claim can collect liquidated damages equal to the unpaid wages. In plain terms: if you're owed $5,000, you could walk away with $10,000. The employer has to prove good faith to get out of paying that extra amount.
How far back can I claim unpaid wages?
Federal law gives you two years from the date of the violation. If your employer broke the law on purpose (a "willful" violation), you get three years. Some states go further: New York gives you six years, and California gives three to four depending on the claim type.
Does my state have additional penalties for unpaid wages?
Yes, quite a few. California tacks on waiting time penalties of up to 30 days' pay. Massachusetts requires treble (3x) damages. New York adds 100% liquidated damages on top of federal damages, and Colorado imposes 50-75% penalties. Your state labor department will have the specifics.
What is the difference between back pay and retroactive pay?
Back pay means your employer broke the law: they owed you wages and didn't pay them. Retro pay is different. It's a legitimate correction, like when a raise should have started last month but didn't get applied until now. One involves a violation; the other is just an accounting fix.
Can I recover back pay if I no longer work for the employer?
Yes. You can file a wage claim or lawsuit against a former employer. The FLSA clock (two or three years) starts from the date of the violation, not the day you left. People recover back pay, liquidated damages, and attorney's fees from past employers all the time.
What should I do if my employer owes me back pay?
First, save everything: pay stubs, time records, schedules, texts or emails about your pay. Then file a complaint with the DOL's Wage and Hour Division or your state labor department. An employment attorney can help too, and many take wage cases on contingency (no money upfront). For reference, the DOL recovered over $273 million in back wages in fiscal year 2024.
Need More Than a Quick Calculation?
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