Last Paycheck Missing Overtime | What It Means & How to Recover Pay
Last paycheck missing overtime pay? Learn why overtime is excluded, whether it’s legal, employee rights, and step-by-step actions to recover unpaid wages.
FINAL PAY & JOB EXIT
Taylor Reed
1/22/20262 min read
What Does “Last Paycheck Missing Overtime” Mean?
This situation occurs when your final paycheck includes regular wages but excludes overtime hours you already worked before termination or resignation. This can happen due to payroll errors, disputes, or improper withholding.
Overtime pay is considered earned wages, not a bonus or benefit.
Common Reasons Overtime Is Missing (Explained Simply)
1. Payroll Cutoff Timing
Overtime worked after the last payroll cutoff may be pushed to a separate payment, though it still must be paid.
2. Manager Approval Issues
Some companies delay overtime if it was not formally approved, even though approval is usually not required for payment if work was performed.
3. Misclassification
Employees wrongly classified as “exempt” are often denied overtime incorrectly.
4. Final Pay Calculation Error
HR may miss overtime hours while calculating unused leave, deductions, or commissions.
5. Intentional Withholding (Red Flag)
Some employers delay or deny overtime hoping employees won’t challenge it.
Is It Legal to Exclude Overtime From a Final Paycheck?
In Most Cases: ❌ No
Employers generally must pay all earned overtime, regardless of:
Being fired
Quitting without notice
Termination for cause
Poor performance
Only legally exempt employees or unearned hours can be excluded.
How to Confirm Overtime Was Earned
Check the following:
Timecards or clock-in records
Work schedules or shift logs
Emails or messages assigning extra hours
Previous pay stubs showing overtime rate
If hours were worked, they are typically payable.
What to Do Next (Action Checklist)
Step 1: Review Your Final Pay Stub
Look for:
Missing overtime hours
Incorrect hourly rate
Incorrect total hours
Step 2: Contact Payroll or HR (In Writing)
Request:
Explanation for missing overtime
Written correction timeline
Step 3: Send a Formal Wage Request
A simple email stating:
“My final paycheck dated ___ is missing ___ hours of overtime worked between ___. Please advise when payment will be issued.”
Step 4: File a Wage Complaint
If ignored, file a complaint with your local labor authority or wage department.
Step 5: Consider Legal Action
Unpaid overtime claims may qualify for:
Back pay
Penalties or interest
Legal fee recovery
How Long Can an Employer Delay Overtime Pay?
Typically:
Immediate payment
Within a few days
By the next scheduled payday
Anything beyond the legal limit may trigger penalties.
Can Overtime Be Paid Separately From Final Paycheck?
Yes, but only if:
Payment is made within the legal timeframe
Employer clearly communicates the date
Silence or indefinite delay is not acceptable.
Warning Signs You Should Act Immediately
Employer avoids emails or calls
No clear payment date provided
Multiple employees affected
Employer claims overtime is “forfeited”
These are strong indicators of wage law violations.
If your last paycheck is missing overtime, don’t assume it’s normal. In most cases, it’s a payroll error or legal violation. Overtime is earned income and must be paid even after employment ends.
Act quickly, keep records, and escalate if needed. Recovering unpaid overtime is your legal right, not a favor from your employer.
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Last Paycheck missing overtime