How to Calculate Wage Theft Estimator
What is Wage Theft Estimator?
The Wage Theft Estimator quantifies unpaid wages owed under the Fair Labor Standards Act (FLSA) including unpaid overtime (1.5× rate over 40 hours/week), missed meal/rest breaks, and off-the-clock work. Includes FLSA double damages provision (employee can recover 2× owed wages plus attorney fees if willful). Educational estimate only — wage claims should be evaluated by an employment attorney.
Formula
Total Owed = (OT Hours × Hourly × 1.5 + Break Hours × Hourly + Off-Clock Hours × Hourly) × Weeks
- W
- Weekly Wage Theft ($) — Weekly wages owed
Step-by-Step Guide
- 1Enter hourly wage
- 2Enter weekly unpaid overtime hours
- 3Enter weekly missed break hours
- 4Enter weekly off-the-clock hours
- 5Enter weeks worked
- 6Calculator outputs weekly + total owed, plus 2× damages estimate
Worked Examples
Input
$20/hr, 5 OT, 2.5 break, 1 off-clock, 52 weeks
Result
~$10,400 owed, ~$20,800 with double damages
Common Mistakes to Avoid
- ✕Not tracking off-clock work (pre-shift setup, post-shift cleanup)
- ✕Assuming salaried employees can't recover OT (depends on exempt status)
Frequently Asked Questions
Are tipped workers protected?
Yes — FLSA tip credit rules require employer to make up shortfall to minimum wage. Tip theft (manager taking tips, tip pooling with non-tipped roles) is recoverable.
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