Are salaried employees exempt from overtime pay? //

If you’re a salaried employee, you might assume you don’t qualify for overtime pay—but that’s not always true.

While the federal Fair Labor Standards Act (FLSA) sets the baseline for overtime exemption, some states have stricter rules, with higher salary thresholds that impact whether you should be earning overtime pay.

Federal Overtime Exemption Requirements

Under the FLSA, executive, administrative, and professional employees must be paid a minimum salary of $684 per week ($35,568 annually) and meet certain requirements of the FLSA’s job duties test to be exempt from minimum wage and overtime requirements.

Under the FLSA, there are minimum wage and overtime exemptions for certain professional employees, as well as for highly-compensated employees earning at least $107,432 per year and individuals in computer-related occupations.

Six States Have Higher Minimum Salary Thresholds for Overtime Exemption

If you live in certain states, the salary threshold for overtime exemption is higher than the federal salary threshold of $684/week or $35,568 per year—meaning you could be entitled to overtime pay even if your employer says otherwise.

If you meet certain job duties tests and earn less than the minimum salary threshold amounts in the following states, you may be entitled to overtime for hours worked beyond 40 per week:*

*In certain states, computer professionals have different overtime exemption levels.

What Can Salaried Employees Do if They Have Been Wrongfully Denied Overtime?

If your employer has not paid you overtime and you earn less than the federal or your state’s salary threshold for overtime exemption, you may have a right to unpaid wages. Employers cannot use the federal salary level as an excuse if state law requires a higher threshold.

If you have not received the wages or overtime pay you are entitled to, acting quickly is essential. Federal and state law wage and overtime claims are subject to strict deadlines, known as statutes of limitations. Missing these deadlines could mean losing your right to recover unpaid earnings.

Under the FLSA, for example, most claims for unpaid wages—including minimum wage and overtime violations—must be filed within two years of the violation. If the employer’s violation was willful, the deadline could extend to three years. The longer you wait, the more of your unpaid wages may become unrecoverable. Understanding your rights and legal time limits ensures you do not miss the chance to claim what you are owed.

If you believe you have a claim for unpaid wages, consider seeking legal guidance as soon as possible. To discuss your rights, send us a message or contact Michael Yarnoff, Esq., (215) 792-6676, Ext. 804, [email protected], [email protected], for a free, no-obligation evaluation of potential legal claims.

About Kehoe Law Firm, P.C.

Kehoe Law Firm, P.C. is a nationally recognized, plaintiff-side class action law firm dedicated to protecting investors and consumers from fraud and misconduct. Our attorneys have served as Lead or Co-Lead Counsel in major securities cases, recovering over $10 billion for institutional and individual investors.

Our firm litigates securities fraud, fiduciary breaches, unfair mergers and acquisitions, and antitrust violations, while also representing whistleblowers and advocating for victims of data breaches, consumer fraud, vehicle and product defects, employment law violations, retirement plan mismanagement, and other corporate and business misconduct. With a results-driven approach, we pursue justice and substantial recoveries for those we represent.

Kehoe Law Firm’s class action legal services are provided on a contingency-fee basis, meaning clients are not responsible for any fees or litigation expenses. 

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