Being paid a salary does not automatically mean you are exempt from overtime. The law looks at your pay and your actual job duties.
Non-exempt employees
Most hourly workers are non-exempt and must be paid at least one and a half times their regular rate for hours over 40 in a workweek. Some states have stricter rules, such as daily overtime.
What exempt means
To be exempt from overtime, an employee generally must be paid on a salary basis at or above a required level and perform specific kinds of duties, such as executive, administrative or professional work. A job title alone is not enough, and requirements change, so check the current federal and state rules.
Common misclassifications
- Calling a worker a "manager" while they mostly do non-managerial tasks.
- Treating employees as independent contractors.
- Paying a flat salary for any hours worked.
- Not paying overtime for off-the-clock work or required meetings.
If you were denied overtime
- Keep a record of your hours and duties.
- Save pay stubs and schedules.
- Ask your employer for review in writing.
- File a claim with the U.S. Department of Labor or your state labor agency.
- Talk to an employment attorney. You may be owed back pay and, in some cases, additional damages.
Frequently asked questions
Can my employer require unpaid overtime?
Not if you are non-exempt. All time worked must be paid.
How far back can I claim?
Federal claims generally go back two years, or three if the violation was willful. State limits vary.