Can Salaried Workers Get Overtime?


It’s fairly common knowledge for anyone who has ever worked a job that overtime pay is lucrative; many workers salivate over the “time-and-a-half” pay they receive whenever they work over 40 hours in a week. You probably also know that not all workers are entitled to overtime compensation. Hearing business owners and executives complain about working 60, 70, or even 80 hours a week doesn’t mean they are getting paid for every single hour worked. 

Exempt vs. Non-Exempt Workers

These types of salaried employees are what’s known as “exempt” from overtime requirements as laid out by the federal Fair Labor and Standards Act. Not just any worker can be classified as an exempt employee, though; there are several requirements that must be satisfied before the employer is off the hook for overtime pay. 

  • One requirement for a worker to be classified as exempt is for him or her to receive $35,568 or more in yearly earnings ($684 per workweek; these amounts were recently raised by the Department of Labor)
  • The worker must have job duties that can be described as executive, administrative, professional, computer-related, or engaging in outside sales. 
  • Finally, the worker must be paid on a salary basis (regularly receiving a predetermined amount of compensation). 

Non-exempt workers have many differences that distinguish them from exempt employees. For one thing, they often have a weekly schedule that fluctuates from week-to-week. Additionally, they perform work that is not considered managerial or professional, to name a couple of examples. Blue-collar workers and other workers who perform manual labor are hardly ever exempt from FLSA regulations and, therefore, eligible for overtime pay. 

Employers Occasionally Skirt the Rules

Sometimes, employers put deceptive job titles on certain positions to make them appear like they should be considered exempt when, in reality, the job’s duties qualify the worker for being non-exempt (and, therefore, eligible for overtime). 

The “outside sales” designation is tricky. While those whose job duties constitute being involved in outside sales, “inside sales” is generally considered to be exempt. Another clue that you might be missing out on overtime pay is the absence of any overtime policy in your company. 

It should be noted that just because employers label a job as being FLSA-exempt does not mean it truly is. Numerous factors, some of which were not covered in this blog, must be considered when making that determination. 

However, if you even suspect that your employer is shorting you on wages, you should speak with an experienced and knowledgeable attorney. Feldman Legal Group is committed to obtaining justice for workers. Contact our team by phone at 1-855-489-4905 to discuss your options with us today.

Tampa Lawyer Mitch Feldman

Attorney Mitch Feldman

Attorney Mitchell Feldman, Esq. specializes in both personal injury and employment law. He is rated AV Preeminent by Martindale-Hubbell and has an Avvo rating of 10. A member of the State Bar in both Florida and Georgia, he is also admitted to practice in Federal District Courts. With several multi-million dollar victories for his clients, Mitchell Feldman has a record of success. [ Attorney Bio ]