Salaried Doesn’t Necessarily Mean Exempt from Overtime


Many salaried employees assume their employer has properly exempted them from overtime under the Fair Labor Standards Act. They think that if they are salaried, that automatically means they qualify for the typical exemptions from overtime, such as managers, administrators, or professionals.

However, many employees who are salaried may not actually be exempt from overtime, and it is your job duties, not your title, that matters. Speaking with an attorney experienced in wage and hour law about the duties that you actually perform when you complete your job is the most effective way to determine if you have been properly classified as exempt from overtime. If you primarily complete duties typical of the workers who perform routine labor for your organization, you likely are entitled to overtime even if you are paid a salary.

Our lawyers at Frankel Syverson PLLC have represented numerous employees who were classified as exempt because they were salaried, but their employers ignored the fact that their job duties are non-exempt in nature, and they are therefore entitled to overtime for hours worked over forty in a workweek.

If you are a salaried employee and have questions about whether your job duties make you entitled to overtime, set up a time to speak with one of our lawyers for a free, confidential case evaluation to see if we may be able to represent you. 

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Layoffs and the 60-day Notice Requirement under the WARN Act

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Pursuing a Legal Claim for Unpaid Wages resulting from Off the Clock Work in the Healthcare Industry