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Most employers are required to pay overtime to at least some of their employees. For hourly employees, the overtime premium is half of your usual hourly rate. This means you are entitled to “time and a half” for every hour of overtime you work.

Unpaid overtime happens because some employers do not recognize federally established laws and fail to pay employees for all work performed over the established 40-hour work week.

Some common scenarios that can result in unpaid overtime include:
  • Work Performed During Unpaid Lunch Breaks
  • Work Performed Before a Shift Begins
  • Work Performed After a Shift Ends
  • Work Performed from Home or on the Road

Violations of overtime laws may be grounds for employees to bring a claim for wages and penalty damages. Wisconsin’s wage statute allows employees to recover damages going back two years from the date they file the claim. The federal statute allows employees to go back three years if they can prove a willful violation.

Do I Qualify for Overtime?

Most employers are required to pay overtime under the Federal Fair Labor Standards Act (FLSA) and/or state statute. Similarly, most employees are entitled to overtime for all hours worked over 40, unless they fall under a specific exception. This includes salaried employees. Unfortunately, employers often misclassify their salaried employees as exempt from the FLSA. Employers may also misclassify workers as independent contractors to avoid paying them overtime and other benefits.

>>Learn more about who qualifies for overtime pay

If your employer is not paying you overtime or not paying you the wages you have earned for work completed, Habush Habush & Rottier is here to help you file a claim for damages and bring your employer to justice. Contact attorneys Jason Knutson or Breanne Snapp today at 608-255-6663 to speak about the details of your situation and learn more about how we can help.

Attorney Breanne L. Snapp


Breanne L. Snapp is a shareholder at the firm’s Madison office where her primary practice includes class action and personal injury work. Breanne is currently representing a group of residents in Juneau and Wood Counties who allege their groundwater has been contaminated by a large Concentrated Animal Feed Operation (CAFO). She previously helped obtain a successful settlement for 241 families in the Town of Jackson, Wisconsin who were impacted by groundwater contamination as a result of a gasoline pipeline rupture.

Breanne received her J.D., cum laude, Order of the Coif, from the University of Wisconsin Law School, where she also earned a certificate in Consumer Health Advocacy. Breanne received a B.S. in Biochemistry and Psychology from the University of Wisconsin – Madison.  In her free time, Breanne enjoys live music, yoga, and spending time with friends and family. She lives in Madison with her husband, daughter, and their cat.

View Breanne’s Full Bio