What Does an Overtime Lawyer Cost? No Upfront Fee

Who this is for: Workers who think they're owed overtime and want to know what hiring a lawyer will cost before they call.

What's going on: Overtime lawyers are usually paid on contingency. And when workers win, federal law makes the employer pay their attorney's fees.

What you can do: Get a free case review. Read the fee agreement, especially the part about case costs, before you sign.

Hiring an overtime lawyer usually means no fee up front: these cases are typically taken on contingency, and when workers win, the FLSA makes the employer pay their attorney's fees in addition to the back pay.

No upfront fee: how contingency works here

We take overtime cases on contingency. We advance the costs of the case, and if we recover, those costs are repaid out of the recovery. If we do not recover, you owe us nothing — no attorney's fee and no costs.

Contingency means the lawyer's fee depends on getting money for you. The fee comes from a fee award against the employer, from the recovery, or both. The terms go in a written agreement you sign before the case starts. Read it. Ask questions.

Fee-shifting: the employer pays fees when workers win

The FLSA says the court "shall, in addition to any judgment awarded to the plaintiff or plaintiffs, allow a reasonable attorney's fee to be paid by the defendant, and costs of the action".¹ "Shall" means it isn't optional.

That matters. An employer can't count on outspending you, because if it loses, it pays your side's fees too. Workers also recover unpaid overtime "and in an additional equal amount as liquidated damages",¹ unless the employer proves good faith.

Who pays case costs if we lose

Case costs are different from fees: filing fees, deposition transcripts, payroll data analysis, notice mailing. In federal court, "costs—other than attorney's fees—should be allowed to the prevailing party".² So a court can order a losing side to pay some of the winner's court costs.

Our terms: We advance the costs of the case. If we recover, those costs are repaid out of the recovery. If we do not recover, you owe us nothing — no attorney's fee and no costs.

Outcome	Attorney's fee	Case costs
Workers win at trial	Employer pays a reasonable fee¹	Employer pays costs of the action¹
Case settles	Fee set in the settlement; court approves it in class cases	Our advanced costs are repaid out of the recovery
Workers lose	No fee	You pay no fee and no costs unless we recover; you owe us nothing for the costs we advanced

Settlements: the court approves the fee

Class claims "may be settled, voluntarily dismissed, or compromised only with the court's approval".³ The fee gets the same scrutiny: "the court may award reasonable attorney's fees and nontaxable costs that are authorized by law or by the parties' agreement".⁴ Notice of the fee motion “must be served on all parties and, for motions by class counsel, directed to class members in a reasonable manner,” and “[a] class member, or a party from whom payment is sought, may object to the motion.”⁷ A judge, not the lawyers, has the last word.

Example: Pruess v. Presbyterian Health Plan, a $38.7 million class and collective settlement where the firm was lead counsel, received final approval in the District of New Mexico on June 24, 2026. Past results do not guarantee future outcomes.

Why a lawyer is worth it in a group case

Your employer has defense lawyers on the payroll. A group overtime case means certification fights, court-approved notice, payroll data, and outside analysts. One worker can't fund that. A group case spreads the work across everyone with the same job, and the fee-shifting rule puts the bill on the employer when workers win.

Siegel Law Group has recovered more than $100 million for workers in federal overtime cases, including a $38.7 million class and collective settlement in Pruess v. Presbyterian Health Plan,⁵ where the firm was lead counsel. Past results do not guarantee future outcomes. See case results and how collective actions work.

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Frequently asked questions

Does it cost anything to talk to you?

No. The case review is free and confidential.

Will the fee come out of my back pay?

It depends on how the case ends. After a judgment, the employer pays fees separately. In a settlement, the agreement and the court decide how fees are paid.

What if we lose?

You owe us nothing — no attorney's fee and no costs. We advance the costs of the case and absorb them if there is no recovery.

Who decides the fee in a class settlement?

The judge. The federal class-action rule requires a court award, and class members get notice of the request.⁴

I got a notice about a case. Does that cost money to join?

See what to do with an overtime lawsuit notice.

Keep reading

Free, confidential case review: (214) 790-4454.

Notes

29 U.S.C. § 216(b).
Fed. R. Civ. P. 54(d)(1).
Fed. R. Civ. P. 23(e).
Fed. R. Civ. P. 23(h).
Pruess v. Presbyterian Health Plan (D.N.M.), final approval June 24, 2026.
See also: Tex. Disciplinary R. Prof'l Conduct 7.02(c) (“If an advertisement by a lawyer discloses a willingness to render services on a contingent fee basis, the advertisement must state whether the client will be obligated to pay for other expenses, such as the costs of litigation”).
Fed. R. Civ. P. 23(h)(1)–(2).