Many employers treat “salaried” and “no overtime” as the same thing. They are not. Overtime exemption depends on what you actually do and how much you are paid — not on the word salary, and not on your job title.
The two-part test
To be exempt from overtime, you generally must (1) earn at least the federal salary threshold, and (2) perform genuinely exempt duties — real management of two or more employees, high-level administrative judgment, or recognized professional work. An “assistant manager” who mostly runs a register, stocks, and covers shifts fails the duties test no matter what the schedule says.
Signs you may be misclassified
- You are called a manager but spend most hours on the same tasks as hourly staff
- You are paid a day rate or a “salary” that shrinks when hours drop
- You are labeled an independent contractor but the company controls your schedule, tools, and methods
What is at stake
Misclassified employees can recover unpaid time-and-a-half for every overtime hour, going back two years — three if the violation was willful — plus liquidated damages that often double the recovery.
Not sure where you stand? Request a free case review and we will walk through your role, your pay, and your options.
