My job says I'm salaried so no overtime. Is that legal?
Can my employer make me work overtime without pay?
Concerns & risks
You were trying to get your work done, but your boss says salaried people don't get overtime, even though you work 50 hours a week.
Unpaid overtime adds up.
Causes & evidence
Under federal law, many non-exempt workers must get overtime for over 40 hours a week; salary alone doesn't make you exempt. Contact the DOL Wage and Hour Division.
What to do
- Track your hours.
- Check your job duties and pay.
- Contact the DOL Wage and Hour Division.
Common mistakes: Common mistakes: assuming salaried means exempt. Under the FLSA, many workers must be paid overtime for hours over 40 in a workweek unless they meet specific exemption tests based on duties and salary. Keep your own record of hours. Contact the Department of Labor's Wage and Hour Division if needed. Some workers really are exempt, like certain managers or professionals who meet both the duties and salary tests. But job titles don't decide it; what you actually do matters. Some states have stricter overtime rules than federal law. Keep a personal log of hours on your own device. Ask HR, in writing, how your position is classified. If you're owed back pay, there are deadlines to recover it.
Speed Man tip: States may have stricter rules.
Wrap-up: Salary ≠ exempt. Track hours. Contact DOL.
⚡ Speed Summary
- Salary ≠ exempt.
- Track hours.
- Contact DOL.
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