Every other payroll tool is an estimator. This one is an auditor. Enter your stub, your differentials, and your hours. We'll compare what you were paid against what FLSA says you should have been paid — and tell you, line by line, where the money is. With citations. Ready to send to payroll.
| Line item | Hours | Rate | Subtotal |
|---|---|---|---|
| Run the audit to see your line-by-line expected pay. | |||
Ready to send to your payroll department. Edit the recipient and the contact info before sending. 14-day response window built in.
The technical exhibit. Numbered findings, FLSA citations, total in dispute. Attach this to your letter.
Shift differentials must be folded into the regular rate before computing OT. Excluding them is the most common — and most lucrative — wage violation in U.S. healthcare.
If you worked through your "unpaid" 30 min, that's compensable time. In California, an extra hour of pay at the regular rate of compensation is owed.
Charting after clock-out, pre-shift huddle, donning PPE — all hours worked under FLSA. Time-clock cutoffs don't override federal law.
FLSA Section 215(a)(3) makes it unlawful to fire or retaliate against a worker for filing a wage complaint. Document everything.
Healthcare workers lose an estimated $15 billion every year to wage theft, and a 2024 Everee Healthcare Staffing Report found that roughly three-quarters of healthcare workers feel underpaid. The most damning part: a G2 study found that 80% of payroll errors are first discovered by the employee, not the employer. In other words — your paycheck is wrong more often than you think, and nobody is going to catch it for you.
The single biggest source of wage loss in nursing is the FLSA "regular rate" miscalculation. Federal regulation 29 CFR 778.115 is unambiguous: when you work multiple rates in one workweek (which is almost every nurse with shift differentials), your overtime rate must be calculated on the weighted-average of all your straight-time pay — not just your base. If you earn $40 per hour base and $4 per hour night differential over 48 hours of all-night work, your true regular rate is $44 per hour. Your true OT rate is $66 per hour, not $60. An employer who multiplies 1.5 by your base alone shorts you $12 per OT hour — about $6,000 per year for a nurse who picks up steady overtime.
This is exactly what brought down Providence Health & Services in 2024 — a $229 million settlement covering 33,000 workers, driven by exactly the kind of small, systematic error a software tool can detect. Ascension Health paid $19.74 million in 2022 for excluding critical-staffing bonuses from the OT regular rate. Kaiser paid $11 million in 2024 for missed meal and rest breaks. SSM Health, Monarch Healthcare, HCA, Endeavor Health, MedStar — every major system has been caught doing it, and the courts keep agreeing with the nurses.
1. The OT regular-rate violation (29 CFR 778.207). The most common error and the one with the biggest dollar value per nurse. Your differentials must be in your OT base. The audit pulls every line item, computes the true regular rate, and compares it to what your stub actually paid for OT.
2. Auto-deducted meal break wage theft. Most hospital payroll systems auto-deduct 30 minutes per shift for an unpaid meal break. Per the Sixth Circuit's White v. Baptist Memorial, that's only legal if a functioning, non-discouraged exception-reporting system exists — and most nurses have never been told one exists, or have been actively discouraged from using it. If you charted, took a call, or covered patients during your "30 minutes," you're owed for that time at the regular rate. In California, missed or interrupted breaks trigger an additional hour of pay at the "regular rate of compensation" under Labor Code 226.7 and the 2021 California Supreme Court ruling Ferra v. Loews — and that "regular rate of compensation" must include differentials, just like OT.
3. Pre-shift and post-shift unpaid work. Under IBP v. Alvarez (546 U.S. 21, 2005), gear that's "integral and indispensable" to your job — like PPE — makes donning a principal activity. Walking time after donning and before doffing is compensable. Layered onto that: pre-shift huddles, login/logout time, post-shift charting, handoff. Hall Render estimates 15 unpaid minutes per day equals about 60 hours per year per nurse of unpaid work, much of it owed at the OT premium rate. Endeavor Health (Illinois, 2025) and Kaiser have both been sued specifically for this pattern.
4. Differentials missing on overtime hours. A subtle variant of error #1: some payroll systems pay your full differential on hours 1–40, then drop the differential entirely on hours 41+. That's a double violation — you lose both the differential and the corrected OT premium. The audit checks every differential hour against every OT hour to flag this.
This tool generates two artifacts because they serve two different jobs. The dispute letter is a one-page narrative addressed to your payroll manager. It identifies the specific pay period, states the discrepancy, cites the FLSA provisions, and gives a 14-day response window. The audit summary is the technical exhibit — a numbered table that lets payroll verify the math in minutes. Together they make the discrepancy impossible to dismiss as "just an estimate." Send both, certified mail or email with read receipt, and keep copies.
For escalation, the path is: internal payroll → HR director → DOL Wage and Hour Division (1-866-487-9243 or dol.gov/agencies/whd/contact/complaints) → state labor agency (California's DLSE Form 1; New York LS 223; Texas WH-1) → civil litigation. FLSA gives you two years to file — three if the violation was willful, under 29 USC 255 — and California gives you three years (extendable to four under UCL §17200). FLSA Section 215(a)(3) prohibits retaliation, and liquidated damages of 100% of back wages are recoverable under 29 USC 216(b). In other words, an employer that owes you $1,000 typically owes you $2,000 once a court is involved.
Start with one pay period — your most recent stub. Enter the numbers exactly as they appear. If the audit flags a discrepancy, run the same audit on your last six months of stubs (FLSA back-pay claims are pay-period-by-pay-period). Total the discrepancy. Send one letter covering all the periods. If you're unionized, copy your union steward; if not, the Wage and Hour Division will accept the case anyway. For a deeper look at how OT methods compare, pair this with the Nurse Overtime Calculator; for differentials specifically, see the Shift Differential Calculator.
Educational tool — not legal advice. The audit produces an estimate of what FLSA and applicable state law require. Actual liability depends on your collective bargaining agreement, your state's labor code, and the specific facts of your employment. For specific disputes, consult your union steward, your state Department of Labor, or an employment attorney. Federal FLSA does not preempt more generous state laws — California, in particular, has substantially broader nurse protections including daily overtime, double-time, and meal-break penalty pay at the full regular rate of compensation.