Am I Owed Overtime? A Guide for Case Managers and Social Workers in Wisconsin

Are you a Wisconsin case manager or social worker wondering if you were underpaid for overtime? Start here.

Hook: If you completed client visits, charting, travel between sites, or after-hours documentation that your employer didn’t record or pay, you may be owed overtime — and recent 2025–2026 enforcement actions show employers in the public sector are being held accountable. This guide gives case managers and social workers in Wisconsin a practical, step-by-step way to check eligibility, audit your time records, and take an effective wage claim.

The landscape in 2026: why this matters now

In late 2025 and early 2026 federal enforcement focused more aggressively on health-care and public-sector overtime compliance. A notable consent judgment entered on December 4, 2025, required North Central Health Care in Wisconsin to pay $162,486 in back wages and liquidated damages to 68 case managers after a U.S. Department of Labor (DOL) Wage and Hour Division investigation found off-the-clock work and recordkeeping violations. That ruling is a concrete example that employers — including county and multi-county public providers — can face significant liability when staff time is not recorded and paid.

Key trends affecting case managers and social workers

• Increased DOL and state enforcement of overtime and recordkeeping, particularly in health and social services.
• More audits targeting unrecorded work: documentation time, telehealth or remote case management, and travel between sites or homes.
• EHR timestamps, mobile timekeeping apps and GPS logs are being used as evidence in audits and lawsuits.
• Growing recognition that many case manager duties do not automatically qualify for white‑collar exemptions.

Quick primer: legal concepts you must know (plain language)

Before you audit your records, understand these core concepts:

• Overtime (FLSA): Under the Fair Labor Standards Act (FLSA) employers must pay nonexempt employees one and one-half times the regular rate for hours worked over 40 in a workweek.
• Regular rate: This is your hourly equivalent after including most nondiscretionary bonuses, shift differentials, and certain other pay. It is not always the same as your base hourly rate.
• Exempt vs. nonexempt: Being a case manager or social worker does not automatically make you exempt. Exempt status depends on duties and pay tests (executive, administrative, professional) under federal law — and those tests are strict.
• Recordkeeping: Employers must keep accurate records of hours worked and wages paid. Failure to do so can be the basis for a claim.
• Liquidated damages: For many FLSA violations, the law allows a successful employee to recover an equal amount in liquidated damages in addition to unpaid wages — as in the North Central Health Care settlement.
• Statute of limitations: FLSA claims are generally subject to a two‑year limit, or three years if the violation is willful.

Are you likely nonexempt? Practical eligibility checklist for case managers

Use this short checklist. If you answer “yes” to many of these, you are likely nonexempt and eligible for overtime under the FLSA.

1. Do you typically track hours worked and were paid an hourly wage or an hourly-equivalent salary?
   (If yes → likely nonexempt.)
2. Do your duties include extensive direct client contact, follow-up visits, documentation, and travel between clients during the day?
   (If yes → likely nonexempt.)
3. Do you make recommendations but not final decisions on hiring/firing or major policy? Do you follow agency forms and treatment plans?
   (If yes → likely nonexempt.)
4. Is your primary work technical client care rather than high-level office management, policy, or independent clinical practice with a recognized professional license and academic training?
   (If yes → likely nonexempt.)
5. Does your salary (if salaried) fall below or near federal salary thresholds commonly used to test exemptions, or is it paid as an hourly wage?
   (If yes → likely nonexempt.)

Exemptions are factual and narrow: common reasons case managers are found nonexempt

• The administrative exemption requires primary duties to be office- or non-manual work directly related to management or general business operations and include exercising independent judgment and discretion on significant matters — many case managers perform direct client services instead.
• The professional exemption for learned professionals requires advanced specialized knowledge acquired by prolonged study (e.g., licensed psychologists). Many social workers may be licensed but still perform routine clinical tasks that courts find nonexempt.
• Even if you have a degree or a license, the employer must show the duties and salary meet exemption tests. Courts and the DOL scrutinize job descriptions that are inconsistent with daily tasks.

Step-by-step self-audit to determine if you were underpaid

Do this before filing a claim. It both clarifies your position and produces the documentation you need.

Step 1 — Gather documents (what to collect)

• Pay stubs and W-2s for the period you suspect you were underpaid.
• Timecards, timesheets, punch logs, and any electronic timekeeping data (EHR access logs, mobile clock-in records).
• Schedules, calendars, and assignment records showing home visits, clinic days, training, and on-call assignments.
• Emails, text messages, and supervisor notes that show work done off the clock (e.g., “please finish the charts tonight”).
• Travel logs, mileage records, and client visit notes that indicate time spent traveling between clients.

Step 2 — Map hours worked to pay received (how to audit)

For each workweek in the audit period:

1. Calculate total hours worked. Include pre- and post-shift charting, telehealth sessions, travel between sites (if compensable), and mandatory trainings you attended (even if unpaid).
2. Identify your regular rate for that week. If you were paid only an hourly rate, that is the starting point. If you received nondiscretionary bonuses, shift differentials, or other pay that week, divide total weekly pay (excluding exempt reimbursements) by total hours worked to get the regular rate.
3. Calculate overtime pay for hours over 40 at 1.5 × regular rate.
4. Compare computed pay (straight + overtime) to pay stubs to find underpayments.

Sample calculation template (copy and adapt)

Week: 2025-01-06 to 2025-01-12
Hours: Regular hours = 38, OT hours = 6 (worked 44 total)
Pay received: $20/hr base; $0 bonuses; no shift diff.
Regular rate = $20.00
OT rate = $20 × 1.5 = $30.00
OT owed = 4 OT hours × $30 = $120
Total wages earned = (40 × $20) + $120 = $920
Pay stub shows $800 for that week → Underpaid = $120

Note: If you received nondiscretionary bonuses during the week, add that money into the numerator when calculating the regular rate.

What counts as compensated work for case managers?

Common categories that are often missed:

• After‑hours documentation (charting, notes, care plans completed from home).
• Client travel between homes and clinics during the workday (not necessarily commute to the main workplace).
• On-call work — whether on-call time is compensable depends on restrictions and required responsiveness; limited restrictions may make on-call time compensable.
• Mandatory trainings and staff meetings, even if conducted remotely outside normal shift times.
• Reading and responding to employer instructions via email or text when it’s work-related and required.

Recordkeeping: what employers must keep and what you should keep

Federal law requires employers to preserve payroll records, hours worked, and wage rate information. But sometimes employer records are incomplete. Protect yourself by keeping a contemporaneous backup:

• Weekly personal timesheet — record start/stop times, travel between clients, and unpaid work.
• Archive EHR time stamps and export them if possible.
• Save emails and messages that show supervisors directed work off the clock.
• Take dated screen captures of schedules, mobile app logs or GPS location confirmations for work visits.

How to raise the issue internally: a template for requesting a pay audit

Send a brief, factual email to HR and your supervisor first. Keep tone neutral — you are asking for a payroll review.

Subject: Request for Payroll Review – [Your Name], Week(s) [dates]

Hello [HR or Supervisor name],

I am writing to request a review of hours and pay for the week(s) of [dates]. I completed additional work outside my scheduled shift on those dates, including [brief list: e.g., charting after hours, travel between client homes, mandatory training]. I have attached my personal time log and supporting items.

Could you please confirm receipt and let me know when payroll can review this? If needed, I can meet to go over the records.

Thank you,
[Your Name]
[Position]

If internal steps fail: filing a claim in Wisconsin or with the DOL

If your employer won’t fix an underpayment, you have several options. The right path depends on whether the claim is governed by state law, federal FLSA, or both.

Option A — Wisconsin Department of Workforce Development (DWD) complaint

• DWD handles certain state wage-payment disputes and can help with unpaid wages under state law.
• Filing with DWD is typically faster and can be effective for straightforward missing pay or final paycheck issues.

Option B — U.S. Department of Labor (Wage and Hour Division)

• File a complaint with the DOL for FLSA violations (overtime, recordkeeping). The DOL can investigate and pursue back wages and liquidated damages as they did in the North Central Health Care matter.
• DOL investigations can result in conciliation, administrative remedies, or referral to federal court.

Option C — Private lawsuit

• You can file a lawsuit under the FLSA to recover unpaid overtime and, if successful, liquidated damages and attorney’s fees. Class actions or collective actions are common where multiple employees were affected.
• Consult a wage-and-hour attorney before filing, especially for larger or multi-employee claims.

What to expect in an investigation or lawsuit

• Investigators will compare employer time records with your personal records and supporting evidence (EHR logs, emails, schedules).
• If violations are found, remedies can include unpaid wages, liquidated damages equal to unpaid wages (commonly under the FLSA), and injunctive relief requiring improved recordkeeping.
• Employers often prefer to settle rather than litigate; settlements can include confidentiality clauses, so discuss options with counsel.

Retaliation protection and what to watch for

The FLSA and Wisconsin law protect employees from retaliation for asserting wage rights. Protected actions include filing complaints, discussing pay with co-workers, or participating in an investigation. If you experience demotion, reduced hours, threats, or termination after complaining, document it and notify the investigating agency or an attorney immediately.

Advanced strategies and 2026 best practices

Use these to strengthen a wage claim and reduce future risk:

• Preserve digital evidence: Export EHR access logs, mobile app timestamps, and GPS trail data now — agencies are increasingly using these records in 2025–2026 investigations.
• Use contemporaneous logs: Maintain a simple weekly timesheet (even a paper notebook photo) to rebut incomplete employer records — see how to audit your tool stack and keep reliable logs.
• Document conversations: After oral requests to HR or supervisors, follow up with a short email summarizing what was said — that creates a record.
• Know your damages: In FLSA claims you may recover unpaid wages and an equal amount in liquidated damages, plus interest and attorney fees if you prevail.
• Coordinate with colleagues: Often case managers share similar duties and unrecorded hours — collective approaches are stronger and more efficient.
• Leverage technology: If your employer relies on EHR or mobile apps, request export of logs during an internal audit or discovery; these are persuasive in enforcement actions.

Sample timeline to pursue a wage claim (practical)

1. Weeks 0–2: Self-audit and internal request to HR using the template above.
2. Weeks 2–6: If HR does not resolve, file a complaint with Wisconsin DWD (state claims) and/or the DOL Wage and Hour Division (federal FLSA claim).
3. Weeks 6–20: Investigation period — gather additional records, respond to investigators. Many DOL investigations conclude within months; some take longer.
4. If DOL refers to litigation or employer refuses to pay, consider private counsel for a collective or individual suit.

Case study: North Central Health Care (what it teaches us)

In the judgment entered December 4, 2025, the DOL found that case managers worked unrecorded hours and that North Central Health Care violated overtime and recordkeeping provisions of the FLSA between June 17, 2021 and June 16, 2023. The employer agreed to pay $81,243 in back wages and an equal amount in liquidated damages for 68 employees. This case highlights a few lessons:

• Public-sector and quasi-governmental employers are not immune from FLSA enforcement.
• Systemic problems (like failing to record after-hours documentation) can lead to group liability and liquidated damages.
• Keeping accurate, contemporaneous records and synchronizing EHR and payroll data reduces risk for both employees and employers.

When to get a lawyer — and how to choose one

Consider counsel when:

• Your potential underpayment is substantial (several thousand dollars).
• Multiple employees appear affected (potential collective action).
• Your employer threatens or takes adverse action after you raise the issue.
• You need help navigating DOL processes or evaluating a settlement offer.

Choose an attorney who focuses on wage-and-hour law, has experience with FLSA collective actions and public-sector cases, and offers a free initial consultation. Many wage-and-hour lawyers work on contingency (they are paid from the recovery).

Practical takeaways — what you should do this week

• Start a personal time log now and back-date entries from memory supported by emails and EHR timestamps.
• Gather your last 2–3 years of pay stubs and schedules; the FLSA statute of limitations can reach three years for willful violations.
• Send a neutral payroll review request to HR with your personal audit attached.
• If you face retaliation, document it and contact the DOL or a lawyer immediately.
• If multiple colleagues share concerns, coordinate — collective complaints carry more weight.

Resources and official contacts

Key agencies and remedies to reference:

• U.S. Department of Labor, Wage and Hour Division: Investigates FLSA overtime and recordkeeping violations; can recover unpaid wages and liquidated damages.
• Wisconsin Department of Workforce Development (DWD): Handles certain state wage claims and offers guidance on state rules.
• Local legal aid and employment law clinics: Often provide low-cost consultations for wage claims.

Final words — why acting now helps

Enforcement activity in 2025–2026 shows regulators are scrutinizing overtime pay and recordkeeping for case managers and other public-sector health and social services staff. The North Central Health Care judgment is a timely reminder that accurate timekeeping matters — both to ensure employees are paid and to hold employers accountable when they fail to record and compensate work.

The DOL found that case managers were not paid for off-the-clock work, including overtime, and required the employer to pay back wages and liquidated damages. (Consent judgment entered Dec. 4, 2025.)

Call to action

If you suspect underpayment: start your self-audit today using the templates above. If your employer won’t correct errors within two weeks of your HR request, file a complaint with the DOL Wage and Hour Division or the Wisconsin DWD — and consider consulting a wage-and-hour attorney about collective claims. Protect your rights: keep detailed records, coordinate with co-workers, and act before the statute of limitations runs.

Need help with a template or a quick review of your calculations? Save this page, export your timesheets, and contact a local employment attorney or the DOL Wage and Hour Division for next steps. Your work matters — make sure your pay does too.

Related Reading

• How to Audit Your Tool Stack in One Day: A Practical Checklist for Ops Leaders
• Edge Sync & Low‑Latency Workflows: Lessons from Field Teams Using Offline‑First PWAs (2026)
• On‑Device AI for Live Moderation and Accessibility: Practical Strategies for Stream Ops (2026)
• Best E-Bikes Under $500 for Commuters in 2026: Is the AliExpress 500W Bargain Worth It?
• Smart Home, Smarter Pets: Integrating Smart Plugs, Lamps, and Speakers for a Pet-Friendly Home
• Trade-Free Linux for High-Security Environments: Audit Checklist and Hardening Tips
• How to Pitch a Pet Show on YouTube (and Why BBC’s Deal Changes the Game)
• Study Timetable: Researching and Writing a 3,000-Word Essay on a Media Franchise in Four Weeks