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Salaried Workers

The Fair Labor Standards Act (FLSA) requires that all employees be paid overtime when they work more than 40 hours a week.

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While there may be exceptions to this rule, overtime is a requirement for everyone including workers who are paid a salary.

What are the Overtime Rules for Salaried Employees

  • The most important rule is that all workers who are paid a salary are overtime eligible unless they fall within a handful of narrowly construed exemptions to the overtime requirements.

  • Job titles, job descriptions or industry custom are meaningless when evaluating whether a salaried worker is overtime eligible.

  • Employment agreements do not determine whether someone is overtime eligible. In other words, just because your employer tells you that you aren’t entitled to overtime doesn’t make it so.

  • The amount of the salary doesn’t dictate whether workers are overtime eligible. The overtime laws do not discriminate against workers based on their rate of pay. This means that workers who receive more than $100,000.00 may be as overtime eligible as someone who receives $30,000.00 a year.


The general rule is that all workers are overtime eligible unless you fit within one or more of the narrowly construed exemptions to the overtime requirements. To determine whether one or more of these exemptions applies, requires a review of the actual duties you perform. Our attorneys and staff are very experienced in conducting a free overtime evaluation and can quickly assess whether you may be owed back wages.

Some of the factors we consider in determining whether salaried workers are overtime eligible:
  • Do you perform the same or similar duties as hourly workers?

  • Are you considered a trainee or did you work as a trainee for more than a month?

  • Does your employer dock or deduct money from your salary when you are late, leave early or work partial days?

  • Does your job require you to perform routine or repetitive tasks, manual labor, perform work on a production line, or engage in sales?

  • Does your employer provide you with defined guidelines, practices or procedures describing how to perform your job and when to perform certain tasks?

  • Do you fire, hire, discipline or direct other employees on your own?

  • Do you supervise any employees on your own?

  • Do you work outside or at a desk?

  • Do you have any advanced degrees or licenses?

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