“I’m on Salary—So I Don’t Get Overtime, Right?”
The Truth About Overtime Pay Employers Don’t Tell You
The Most Common Lie Employers Tell About Overtime
One of the most common things we hear from employees is this:
“I’m on salary, so I thought I wasn’t entitled to overtime.”
Many employers rely on the word “salary” to avoid paying overtime. They say it confidently—as if that single word settles the issue.
But here’s the truth:
👉 Being paid a salary does NOT automatically mean you are exempt from overtime.
In fact, in many unpaid overtime cases our firm handles,
this misunderstanding is exactly how wage violations begin.
A Real-World Example (Very Common)
A worker comes to us with the job title “Assistant Manager.”
Sounds like management, right? That’s what the employer says too:
“They’re a manager. And they’re salaried. No overtime.”
But when we look at what this employee actually does every day, the picture changes.
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Running the cash register
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Cleaning the workplace
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Helping customers
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Stocking shelves
❌ No authority to hire or fire
❌ No control over schedules
❌ No real supervisory duties
The title said “manager.”
The job itself did not.
The Employer’s Favorite Line
“You’re salaried. Overtime doesn’t apply.”
This is one of the most dangerous misconceptions in wage-and-hour law.
Because under the law, what matters is not the title or pay structure—
it’s the employee’s actual job duties.
The Key Legal Point｜Job Duties Matter More Than Titles
When determining overtime eligibility, the law looks at:
👉 What work the employee actually performs on a day-to-day basis
Not:
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Whether the employee is paid salary or hourly
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Whether their title includes “Manager” or “Supervisor”
If the job duties do not meet the legal requirements for an exempt position,
the employee must be paid overtime.
When Salary Employees Are Still Owed Overtime
A salaried employee is entitled to overtime when:
✔ They work more than 40 hours in a workweek, and
✔ They do not meet the executive, administrative, or professional exemption requirements
In those cases, the employer is legally required to pay:
👉 1.5 times the regular rate for every overtime hour
There are no exceptions based on job titles or internal company labels.
What We See in Real Overtime Cases
In unpaid overtime cases, employers often argue:
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“Everyone here works long hours”
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“That’s part of being salaried”
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“They’re management, so overtime doesn’t apply”
But courts and labor law judges ask very different questions:
Did the employee actually manage others?
Did they have independent decision-making authority?
Was management truly their primary duty?
In many cases, the answer is no.
Final Thoughts｜“You’re Salaried—Deal With It” Is a Legal Red Flag
If an employer says:
“You’re salaried, so overtime doesn’t apply.”
“You’re a manager—that’s why you don’t get overtime.”
⚠️ These statements can be serious violations of wage-and-hour law.
Overtime pay is not a benefit—it is a legal right.
And that right applies to far more salaried workers than most people realize.
You May Be Owed Overtime If:
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You have a manager title but perform mostly non-managerial work
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You regularly work over 40 hours per week
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You have never been paid overtime despite long hours
Before assuming you are not eligible,
it’s worth getting your situation reviewed.
Schedule a Consultation
If you believe your employer may have wrongfully denied overtime pay,
we invite you to contact us for a confidential consultation.
📌 You can reach us through:
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Kakao Channel : songlawfirm
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Phone: 201-461-0031
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Email: mail@songlawfirm.com
