Working While Traveling: What to Do If Your Employer Shortchanges Overtime

Working While Traveling: What to Do If Your Employer Shortchanges Overtime

Hook: Traveling for work or hustling as a gig worker shouldn't mean fighting for every hour you earned. If you suspect unpaid overtime or off-the-clock shifts, you need a fast, practical plan—especially when you're visiting another state. This guide gives step-by-step actions, real-world context from a recent Wisconsin case, and the best local and federal resources to recover back wages in 2026.

The situation you’re facing — why this matters now

Late 2025 and early 2026 saw renewed enforcement activity by the U.S. Department of Labor’s Wage and Hour Division (WHD) and more high-profile settlements for unpaid wages. One clear example: a federal consent judgment entered Dec. 4, 2025 required North Central Health Care — a Wisconsin multicounty medical care partnership — to pay $162,486 in back wages and liquidated damages to 68 case managers after an investigation found employees worked unrecorded hours, including overtime. The employer had violated overtime and recordkeeping provisions of the Fair Labor Standards Act (FLSA) for work performed between June 17, 2021, and June 16, 2023. (Source: Insurance Journal summary of the case.)

That case illustrates two things every traveling worker and gig professional needs to know:

• The FLSA protects many workers across state lines — and employers can be held accountable even if you were a visiting employee.
• Recordkeeping failures are a common reason workers lose pay; documenting your hours and communications is the first, most powerful step toward recovery.

Quick overview: Your rights and the laws that matter

Here are the legal basics you should understand before filing a claim:

• Overtime under the FLSA: Nonexempt employees must be paid time-and-one-half their regular rate for hours worked over 40 in a workweek. The WHD explains how the regular rate is calculated and what counts toward it.
• Recordkeeping obligations: Employers must maintain accurate time and payroll records. Failure to do so can favor the worker’s claim if you provide credible evidence of hours worked; consider digital templates and tools such as the micro-app templates recommended for contemporaneous logs.
• Statute of limitations: FLSA claims are typically brought within two years of the violation and three years if the violation is willful. Start documenting and acting promptly — see operational compliance guidance like the Operational Playbook for small firms on preserving records.
• Liquidated damages: Under the FLSA, successful claims often include an award of liquidated damages equal to the unpaid wages — which is what doubled the award in the Wisconsin judgment. For context on how these awards affect employers and local budgets, review broader economic outlooks.
• Gig-worker classification: Misclassification as an independent contractor is a major source of unpaid overtime. If you were effectively treated like an employee (control over hours, tools provided by the company, etc.), you may be entitled to back wages — and third-party intermediaries can complicate who’s responsible.

Step-by-step plan: What to do if you’re owed back wages (fast, actionable)

Use this checklist the moment you suspect unpaid overtime or off-the-clock work. These steps are ordered to protect evidence and preserve legal options whether you are still traveling or already back home.

1. Stop and collect evidence immediately

• Save pay stubs, timecards, screenshots of clock‑ins/outs, schedules, paystubs, invoices, and gig-app logs.
• Export text messages, emails, and app messages that show hours worked, assignments, or requests to stay late.
• Take dated photos of work locations, job logs, or GPS-based time stamps from delivery or ride-share apps.
• Start a contemporaneous journal: short dated notes that summarize each shift and who was present — courts and agencies value detailed records.

2. Calculate a conservative estimate of what you’re owed

Basic overtime calculation:

1. Find your regular hourly rate. If you have bonuses or non-discretionary incentives, include them in the regular rate calculation per DOL rules.
2. Calculate overtime pay = hours over 40 x (1.5 x regular rate).
3. Sum unpaid overtime across weeks, and multiply by two if you anticipate liquidated damages (the FLSA often allows recovery of liquidated damages equal to unpaid wages).

Example: If your regular rate was $20 and you worked 50 hours in a workweek but were paid only for 40 hours, unpaid overtime = 10 hours x ($30) = $300. Potential recovery could be $600 for that week if liquidated damages apply.

3. Try an internal solution first (document everything)

Before filing, make a written request to payroll or HR. Many employers correct mistakes quickly when presented with clear records.

Sample message to payroll/HR:
Hi [Name], I’m writing about my paycheck for the pay period [dates]. I worked [X] hours but was paid for [Y]. I’ve attached my time logs and messages showing start/end times. Please review and advise on the status of the missing pay. Thank you, [Your Name] [Contact Info]

4. File a wage claim with the appropriate agency

If the employer does not resolve the issue within a reasonable time (often two weeks to 30 days), file a claim.

• Federal option: File with the U.S. Department of Labor, Wage and Hour Division (WHD). The WHD enforces the FLSA and investigates overtime and recordkeeping violations. They can pursue employers and—where appropriate—recover back wages and liquidated damages.
• State option (example: Wisconsin): In Wisconsin, the Department of Workforce Development (DWD) handles certain wage payment disputes and unpaid wage claims. Visiting workers who performed work in Wisconsin can file with the Wisconsin DWD while also preserving FLSA claims with WHD. If you worked through an agency or platform, consider that multiple intermediaries can create shared responsibilities.

5. Consider a private suit under the FLSA

The FLSA allows individual employees or groups to file lawsuits for unpaid wages and overtime. If WHD does not pursue your claim, you can still sue in federal court—often with a statute of limitations of two years (three if willful). Many attorneys take these cases on contingency or limited-fee arrangements.

6. Protect yourself against retaliation

Federal and state law prohibit employer retaliation for filing a wage claim or participating in an investigation. Keep copies of any disciplinary actions, and note timing — courts will scrutinize actions that follow protected complaints closely. For context on how companies handle complaints and the public fallout, see this company complaint profile.

What gig workers and traveling professionals must watch for

Gig work, travel assignments, and short-term contracts complicate jurisdiction and employer responsibility. Here’s how to navigate common pitfalls:

• Where the work happened matters: Labor law enforcement is often based on the location where the work occurred. If you worked in Wisconsin for shifts there, Wisconsin laws and the FLSA apply regardless of where the employer is based.
• Multiple employers / intermediaries: If a staffing agency, marketplace platform, or host company is involved, you may have claims against more than one entity — and technical onboarding or device management by a host can create additional complexities (see guidance on secure remote onboarding for field devices).

Practical tips and resources

• If timekeeping systems are the issue, employers and workers alike can benefit from proper integration of time-tracking with payroll — resources like time-tracking integration guides explain how to avoid common errors that cost overtime pay.
• If you’re unsure who to contact, review local small-business compliance materials and operational checklists such as the Operational Playbook to understand record retention timelines and documentation standards.
• If you were onboarded through a temp agency, staffing platform, or a partner, that relationship can affect where claims are filed — read about partner onboarding and shared-responsibility risks in partner onboarding guides.

When to get a lawyer

Consider legal help if the employer denies payment without review, if recordkeeping is absent, if your claim involves multiple employers, or if your case appears willful. If you decide to sue in federal court, resources on federal procedures and preparation can help — for general federal-court context, see materials such as federal court process primers (note: not a substitute for legal counsel).

Wrapping up

Start collecting and preserving evidence now. Whether you use a simple paper log or a digital checklist, contemporaneous documentation strengthens your case — consider the micro-app templates for fast, timestamped records. If internal HR won’t correct obvious errors, file with the WHD or your state agency and consider private counsel if necessary.

Related Reading

• How to integrate time-tracking with payroll without breaking OT rules
• Last‑mile battery swaps and rider economics (relevant for delivery gig workers)
• Secure remote onboarding for field devices
• Operational Playbook 2026: Recordkeeping & compliance for small firms
• Sustainable Choices for Food Tech Startups Facing AI Supply-Chain Risks
• Where to Park and Work from Your Car: Remote-Worker-Friendly Spots and Phone Plan Tips
• Layer Up: Cat Clothing and Coats — Are They Helpful or Just Cute?
• Designing for Music Horror: Moodboard and Cover Art Guide Inspired by Mitski’s New Album
• Curating Niche Reading Lists: Lessons from an Art Critic’s Lipstick Study and 2026 Art Picks