“Salaried” Doesn’t Mean You’re Not Owed Overtime

Here’s how it works. Under federal law — specifically something called the Fair Labor Standards Act, or FLSA — most employees are entitled to 1.5 times their regular hourly rate for every hour worked beyond 40 in a single workweek. So if you make $20 an hour and you work 50 hours one week, those extra 10 hours should be paid at $30 each — not $20.

The workweek that counts is any fixed 7-consecutive-day period. Your employer gets to pick when it starts, but they can’t average your hours across multiple weeks to dodge overtime. If you hit 50 hours one week and 30 the next, that first week still owes you overtime — period.

Now here’s the part a lot of young workers don’t know. Just calling someone a “manager,” “administrator,” or “professional” doesn’t make them exempt from overtime rules. The actual job duties and salary are what determine exemption status — not a title on a name tag. Being paid a salary doesn’t automatically make you exempt either.

There is a real exemption threshold worth knowing: if you’re paid a guaranteed salary of at least $684 per week AND your actual job duties meet specific legal criteria set by the federal government, your employer may legitimately classify you as exempt. Both conditions have to be true. Not just one. (Note: this threshold can change — check the U.S. Department of Labor’s website for the current figure.)

So if your boss gave you the title “shift lead” or “assistant manager” but you’re mostly doing the same work as everyone else — stocking shelves, running a register, making sandwiches — there’s a real chance you’re still entitled to overtime pay. The title doesn’t protect them. The duties do.

Important: This covers federal law, which sets a minimum standard. Some states have stronger protections — for example, California requires overtime pay after 8 hours in a single day, not just after 40 hours in a week. Always check your state’s labor laws too, since you may have more rights than federal law alone gives you.

When to get help: If you think your employer has been shorting you on overtime pay — especially if you’ve been labeled a “manager” but your actual job doesn’t match that — talk to an employment lawyer. Many offer free consultations, and wage theft cases can sometimes recover back pay. You can also file a complaint with the U.S. Department of Labor’s Wage and Hour Division for free at dol.gov/agencies/whd.
Save Tip

Leave a Comment