If I'm paid a salary, do I lose my right to overtime pay?


The answer is crystal clear: NO, you do not lose your right to overtime pay merely because you are paid a salary. 

Whether you are paid a salary, hourly, on commission, by piece rate or some other manner, is only one of many factors that determine your overtime eligibility.  It's not even the most important factor under the law. Even if you are paid a salary, there are two important facts you should know:
  • An agreement not to be paid overtime is void under the law. Even if you agree not to be paid overtime, that agreement has no effect on your right to receive overtime pay.
  • If you are on salary, the law applies various tests that focus specifically on the details of your job duties. 

You cannot take your employer's word on your overtime eligibility. Many employers intentionally misclassify employees in order to avoid paying overtime. This means you are cheated out of money every year on your paycheck.

Order our free book to learn everything you need to know about wage and overtime claims: The 10 Biggest Mistakes That Can Hurt Your Wage and Overtime Claim. You can also contact our employment lawyers at 1-888-449-2068 to start a free, no obligation case review.
Galvin B. Kennedy
Galvin Kennedy is a founding partner of Kennedy Hodges. He focuses his practice to overtime and wage claims.