The most common types of wage theft occur when the employee works hours that exceed the standard workday or week. This could be something small such as working through lunch or something big like working overtime for weeks and only being paid for 40 hours.  The severity of the offense does not matter as long as you can prove you were not getting paid for time that you worked. 

There are a few aspects to verify to figure out if you are entitled to overtime pay. Check if the federal Fair Labor Standards Act (FLSA) and/or the wage and hour statute of your state is covered by your employer. Since the reach of these laws is so broad, it is very possible that your employer will have to comply with them.

The next step is to see if, under these rules, you are deemed a "exempt" or a "nonexempt" employee. You are not eligible for overtime pay if you are exempt; if you are non-exempt, then you are qualified to overtime pay.