FLSA Overtime Self-Assessment Worksheet

A plain-language tool to help Texas workers think through whether their unpaid-overtime situation may be worth a closer look

Prepared by Prasla Law Firm PLLC · Greater Houston, Texas

Before you start

The federal Fair Labor Standards Act (FLSA) requires most employers to pay non-exempt employees at time-and-a-half for hours worked over 40 in a workweek. Employers sometimes violate this law, sometimes deliberately and sometimes because of genuine confusion about the rules. This worksheet is a starting point to help you organize the facts of your situation before you talk with an attorney.

This is not a substitute for legal advice, and completing the worksheet does not create an attorney-client relationship. Whether you actually have a claim, and what that claim might be worth, depends on facts, timing, and legal tests that only a licensed attorney can evaluate.

Part 1 — Quick-check questions

Answer each question. If most of your answers land in the shaded area, your situation may be worth a closer look.

Question	Possible Concern
Does your employer pay you a salary and tell you that because you are "salaried" you are not entitled to overtime?	Maybe — salary alone does not determine exemption
Do you work more than 40 hours in most workweeks?	Only relevant if true
Does your employer have you clock out but keep working?	Potential off-the-clock violation
Do you answer work emails, take calls, or perform duties after normal hours without extra pay?	Potential off-the-clock violation
Does your paycheck show overtime hours at your regular rate instead of 1.5×?	Potential straight-time-for-overtime violation
Does your employer average your hours across two weeks ("you worked 30 last week and 50 this week, it evens out")?	Generally not allowed under FLSA — each workweek stands alone
Do you earn tips and sometimes receive less than minimum wage per hour, including tips?	Potential tip-credit or minimum-wage violation
Does your employer require you to purchase uniforms, tools, or equipment that brings your effective pay below minimum wage?	Potential deduction violation
Are you classified as an independent contractor but treated like an employee (set hours, employer-controlled work, employer-provided tools, long-term relationship)?	Potential misclassification

Part 2 — Common worker categories and what actually matters

The FLSA's exemptions turn on what you actually do, not what your employer calls you. Some common situations where workers think they are exempt but may not be:

"Managers" who primarily do the same work as the people they supervise. The executive exemption generally requires managing a department, directing at least two full-time employees, and having real authority over hiring and firing — all as the primary duty.
"Administrative" employees whose work is largely routine or follows set procedures. The administrative exemption generally requires office work directly related to management or general business operations AND the exercise of discretion and independent judgment on significant matters.
"Assistant managers" in retail and restaurants paid a modest salary who mainly run registers, stock shelves, or cook.
IT workers paid hourly below the computer-professional thresholds.
Inside salespeople — unlike outside salespeople, inside sales usually does not qualify for the outside-sales exemption.
Paralegals — usually non-exempt despite firms frequently assuming otherwise.

Exemption tests are technical and involve specific salary thresholds and duties tests. Only an attorney reviewing your specific job and pay can evaluate whether an exemption actually applies.

Part 3 — Calculating what you may have lost

A rough estimate framework (not a legal calculation):

Identify a typical workweek in the relevant time period.
Subtract 40 from your total hours worked that week. That is your weekly overtime hours.
Multiply weekly overtime hours × 0.5 × your regular hourly rate (if the employer paid you straight time for those hours) or × 1.5 × your regular hourly rate (if the employer paid you nothing for those hours).
Multiply that result by the number of similar workweeks in the time period.
Under the FLSA, workers who prevail may be entitled to liquidated (double) damages in addition to unpaid wages if the employer cannot prove it acted in good faith. Attorneys' fees and costs may also be recoverable.

This is a rough arithmetic estimate and ignores many nuances (fluctuating workweek method, bonuses and commissions that affect the regular rate, multiple pay rates, etc.). An attorney can refine the calculation based on your actual facts.

Part 4 — Documentation to gather

If you decide to talk to an attorney, bringing documentation saves time:

[ ] Pay stubs or paystub history (as many as you can access)
[ ] W-2s for the years in question
[ ] Offer letter, employment agreement, or handbook
[ ] Written job description (if any)
[ ] Timekeeping records or personal notes on hours worked
[ ] Emails, text messages, or other records showing after-hours work
[ ] Your own notes reconstructing typical weekly schedule, with dates and approximate hours
[ ] Any written communications with your employer about pay or classification
[ ] Names and contact information of coworkers in similar situations (potential witnesses or collective-action members)

Keep copies in a personal email or location — not on employer systems.

Part 5 — Statute of limitations

The FLSA generally provides a two-year look-back period for unpaid overtime claims, extended to three years if the violation was willful. Texas state-law claims (such as a breach-of-contract claim for unpaid wages under a written agreement) may have different limitations periods.

The clock is already running. Each week that passes may be a week of damages that falls off the end of your claim. If you think you may have a claim, do not delay — and do not assume "I can always come back to this later."

The specific limitations period and its application to your facts require attorney review. Do not rely on this worksheet as a substitute for that review.

Part 6 — Red flags that often indicate a claim

The employer just issued a "policy clarification" that all off-the-clock work is forbidden, after employees have been doing it for years
The employer reclassified a group of employees from hourly to salaried with no change in actual duties
The employer is using comp time in lieu of overtime pay in the private sector (almost always unlawful)
The employer is docking fixed-salary employees for partial-day absences (can defeat the salary-basis test)
A group of employees all have the same misclassification (potential collective action)

What happens when you talk to us

Confidential intake call. We listen to your situation.
Conflict check. We confirm we can ethically represent you.
Document review. We analyze pay records, timekeeping, and job duties.
Case evaluation. We assess whether the FLSA applies, whether an exemption defense would succeed, rough damages, and whether the matter is individual or a potential collective action.
Fee discussion. FLSA cases are often handled on contingency — no upfront fee to you, with attorneys' fees recoverable from the employer if you prevail. Specific terms are discussed case by case.
Decision. You decide whether to proceed.

We represent workers, not employers. We do not represent both sides of the same dispute.

Next step

If this worksheet has raised questions for you, we invite you to schedule a consultation. Initial consultations are confidential.

Call or text: 713-955-4045 · Email: znp@praslalaw.com · Online: www.praslalaw.com

IMPORTANT LEGAL NOTICES

The information in this worksheet is for general educational purposes only and is not legal advice. Reading this worksheet does not create an attorney-client relationship. For advice about your specific situation, consult a licensed attorney.

Prasla Law Firm PLLC · 800 Bonaventure Way, Suite 154, Sugar Land, Texas 77479

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