Millions Recovered
For Unpaid Workers
Vermont's minimum wage is $14.42 — double federal — and federal overtime law covers the hotel, restaurant, and retail workers Vermont's own statute exempts.
No fees unless we win. We only get paid when you do.
Get an estimate of what you're owed in just 60 seconds. This calculator is based on federal FLSA laws and includes liquidated damages (double your unpaid wages).
Vermont's overtime statute (21 V.S.A. § 384(b)) exempts retail stores, hotels, motels, restaurants, and hospitals from state overtime. Employers love to cite this — but federal FLSA still requires overtime after 40 hours for nearly all of these workers. If your Vermont employer told you "no overtime because we're a restaurant," you likely have a federal claim.
| Provision | Vermont Law | Federal FLSA | Which Applies? |
|---|---|---|---|
| Overtime Threshold | 40 hrs/week — but retail, hotels, restaurants, hospitals exempt from state OT | 40 hours/week — covers those industries | Federal fills Vermont's gaps |
| Minimum Wage | $14.42/hr (2026, CPI-adjusted) | $7.25/hr | Vermont (2x federal) |
| Tipped Minimum | $7.21/hr (50% of MW) | $2.13/hr | Vermont (3.4x higher) |
| Damages | Civil recovery of 2x under 21 V.S.A. § 395; 2x for willful withholding (§ 342a) | 100% liquidated (2x total) | Similar — strongest available applies |
| Statute of Limitations | 2 years for DOL complaints; civil claims may reach further | 2 years (3 if willful) | Timing strategy matters — act quickly |
21 V.S.A. § 384(b) vs. FLSA
Vermont hotels, restaurants, and retail stores ARE exempt from state overtime — but federal FLSA still covers them. Employers who pay straight time for 50-hour weeks citing the state exemption owe federal overtime, doubled.
21 V.S.A. § 384(a)
Vermont's minimum is $14.42 (2026), adjusting every January. Employers paying less owe the difference — recoverable at 2x in a civil action (§ 395).
21 V.S.A. § 384(a)
Tipped restaurant and hotel workers must receive at least $7.21/hour in cash wages — and tips must bring total pay to $14.42. Shortfalls are the employer's to cover.
FLSA + 21 V.S.A. § 384
Ski resort gear setup, unpaid pre-shift prep in kitchens, travel between care clients, off-the-clock charting — all compensable time.
29 C.F.R. Part 541
A salary and a title don't eliminate overtime rights. You must earn at least $684/week AND perform true executive, administrative, or professional duties.
FLSA + Vermont ABC test
Vermont applies an ABC-style test for employee status. Misclassified contractors recover unpaid overtime and minimum wages.
Violations: Straight-time overtime citing state exemptions (federal law still applies), unpaid gear and lift prep, seasonal worker misclassification.
Violations: "No overtime — we're a restaurant" (false under FLSA), tip credit shortfalls, unpaid side work.
Violations: Hospitals exempt from state OT still owe federal overtime — automatic lunch deductions and off-the-clock charting compound it.
Violations: Assistant manager misclassification, off-the-clock opening/closing — federal OT applies despite the state exemption.
Violations: 1099 misclassification under Vermont's ABC test, day rates with no OT, unpaid travel.
Violations: Misapplied agricultural exemptions, unpaid equipment and milking-prep time.
1.5x your regular rate over 40 hours — FLSA covers the industries Vermont's statute exempts
Civil action recovers twice the shortfall below Vermont's minimum wage (21 V.S.A. § 395)
FLSA adds an equal amount on top of unpaid overtime; willful withholding doubles under § 342a
The employer pays your legal fees separately — not from your recovery
Vermont DOL complaints must be filed within 2 years; federal claims reach back 2-3 years. Every payday that passes, your oldest week falls off.
⚠️ Don't wait — you lose older claims as time passes!
Because Vermont's overtime statute exempts its biggest industries — hospitality, retail, and healthcare — federal FLSA litigation is how Vermont workers in those industries get paid. That's exactly what we do.
💼 Free Case Review — No Fee Unless We Win
Use the calculator above to estimate what you're owed, then tell us about your situation.
Expert legal review of your overtime claim. No fees unless we win. Use the calculator above to estimate your recovery, then contact us for a detailed case analysis.