A salary does not remove the right to overtime. You are owed it if your salary is below $684 a week, if your duties do not genuinely match a defined exemption, or if improper deductions have destroyed the salary basis. Misclassification is among the most common wage violations precisely because a salary feels like an answer and is only part of one.
The three ways a salaried worker is still owed overtime
Below the threshold. Under $684 a week, non-exempt regardless of duties, title or responsibility.
Duties do not match. Above the threshold but doing work that is not genuinely executive, administrative, professional, computer or outside sales. This is the largest category by far.
The salary basis was broken. Deductions for partial-day absences, for lack of work, or for equipment and shortages can destroy the exemption — sometimes for a whole group of employees, not just the one docked.
The roles where this shows up repeatedly
Assistant managers in retail and food service who spend the week on the floor. Coordinators and administrators following defined procedures rather than exercising independent judgement. Junior analysts whose work is checked and directed in detail. Inside sales staff, who are not covered by the outside sales exemption.
What it is worth
Back pay for unpaid overtime, and under federal law frequently an equal amount again as liquidated damages. For someone working ten unpaid overtime hours a week the amounts become significant quickly, which is why the two-year limitation period matters so much.
Reconstructing hours you never recorded
An employer must keep accurate records of hours worked. Where they have not, an employee’s reasonable estimate can carry the case — the failure to keep records does not defeat the claim. Diaries, messages, building access logs and shift rotas all help.
What to do first
Write down a normal week task by task with rough time shares, and start recording your actual hours from today. Those two documents are the case.
Common questions
Can a salaried employee be owed overtime?
Yes. Salary is one of three tests. Below $684 a week, or with duties that do not match an exemption, overtime is owed.
Which roles are most often misclassified?
Assistant managers doing front-line work, coordinators following set procedures, junior analysts, and inside sales staff.
Can a deduction cost my employer the exemption?
Yes. Improper deductions for partial-day absences or lack of work can destroy the salary basis, sometimes for a whole group.
What can I recover?
Back pay for unpaid overtime, frequently with an equal amount again in liquidated damages under federal law.
What if I never recorded my hours?
The employer is required to keep records. Where they have not, a reasonable estimate by the employee can carry the case.