Salaried but Owed Overtime? Exempt Misclassification
Paid a salary and labeled "exempt," but actual job duties don't meet the legal test for any overtime exemption.
What This Looks Like
- Titled "manager" and paid salary, but doing the same tasks as hourly staff with no real supervisory authority.
- A salaried "administrative" role with no real independent judgment or discretion.
- Given a supervisor title mainly to avoid paying overtime.
What Can Affect a Case Like This
What can affect a case like this includes how far your actual day-to-day duties diverge from the exemption your employer claims, how many overtime hours you worked while misclassified, and the applicable lookback period. This describes the factors an attorney looks at, not a predicted outcome.
Common Questions About Misclassification as Exempt
Does being paid a salary mean I'm not owed overtime?
No. A salary alone doesn't make someone exempt. Most exemptions also require that your actual job duties meet specific tests and, in many cases, that your salary meets a minimum threshold.
Does my job title determine whether I am exempt?
No. Titles like manager or coordinator don't control. What matters is what you actually do day to day — for example, whether you truly supervise other employees or exercise independent judgment on significant matters.
What are the most common overtime exemptions?
The most common FLSA exemptions are for executive, administrative, and professional employees, along with certain outside sales and computer employees. Each has its own duties test, and some states apply stricter rules.
State Rules Can Change the Picture
Federal law sets the baseline, but state law can add protections that matter for this kind of claim. States that can require daily overtime include:
See overtime laws for all 50 states →