Am I Entitled to Overtime Pay Under the FLSA?
Posted October 14, 2025
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Many workers ask the same question: Are salaried employees entitled to overtime under the Fair Labor Standards Act (FLSA)? The short answer is—it depends. While being paid a salary may imply exemption from overtime, the truth is more complex. Let’s break it down to help you understand your rights and whether you're missing out on pay you’ve earned.
Understanding the FLSA and Overtime Basics
The FLSA is a federal law that governs matters like minimum wage, child labor, and overtime pay. Under the law, employees who work more than 40 hours in a week are typically entitled to 1.5 times their regular hourly rate. However, not all workers are eligible. The real question isn't just ‘are salaried employees entitled to overtime,’ but rather, which salaried employees qualify?
Exempt vs. Non-Exempt Status
To determine overtime eligibility, the law classifies workers as either exempt or non-exempt. Non-exempt employees are entitled to overtime pay. Exempt employees are not, but exemption is not automatic just because someone is salaried. Instead, exemption is based on three specific tests under the FLSA. If a salaried employee fails any one of these tests, they may legally qualify for overtime.
The Three-Part Test for Overtime Exemption
Salary Basis Test