Am I entitled to overtime if I’m salaried?

Am I Entitled to Overtime if I’m Salaried?

Many Ohio employees wonder, “Am I entitled to overtime if I’m salaried?” The answer depends on more than just your pay structure. Whether you are eligible for overtime is based on your job duties and classification under the Fair Labor Standards Act (FLSA), not simply your salary status. A salaried employee may still be entitled to overtime if they are not considered exempt under federal or Ohio law.

Am I Entitled to Overtime if I’m Salaried but Misclassified?

Salaried employees are often assumed to be exempt from overtime, but that’s not always the case. Under the FLSA, being paid a salary doesn’t automatically make you exempt. The law requires employers to apply a duties test and a salary threshold test. If either is not met, you may have been misclassified and could be owed unpaid overtime.

For example, if you’re performing mostly manual or routine tasks, even on a salary, you may still be a non-exempt worker. Employers in Ohio often misclassify employees (such as assistant managers or administrative roles) as exempt when they should qualify for overtime pay.

Salary Threshold: Does My Pay Qualify Me for Overtime?

The FLSA sets a minimum salary level that helps determine exemption status. As of 2025, that threshold is $43,888 per year ($844/week), rising to $58,656 annually ($1,128/week) on January 1, 2026.

If your salary is below this threshold, your employer must pay you overtime for hours worked over 40 per week—regardless of your job title. If you are paid above the threshold, your job duties become the next determining factor for overtime eligibility.

Job Duties Test: Do My Responsibilities Affect Overtime Rights?

To be lawfully classified as exempt, your primary duties must fall under certain categories, such as:

• Executive (e.g., managing other employees)

• Administrative (e.g., independent decision-making)

• Professional (e.g., engineers, lawyers, doctors)

Even if you hold a title like “manager,” if you spend most of your time doing non-exempt work (like stocking shelves or running a cash register), you could be misclassified and still eligible for overtime.

In Myers v. Hertz Corp., 624 F.3d 537 (2d Cir. 2010), the court found that job titles alone don’t establish exemption. The actual duties performed are key. Similar rulings have appeared in Ohio district courts, emphasizing factual job functions over labels.

Ohio Laws and Salaried Overtime Entitlement

Ohio follows the FLSA’s standards but also enforces its own wage laws through the Ohio Revised Code (ORC § 4111). If you’re a salaried worker in Ohio working more than 40 hours per week, you may be entitled to 1.5 times your regular rate, unless you are properly classified as exempt.

Many hourly-type roles in healthcare, warehousing, food service, and maintenance are wrongfully paid salary to avoid overtime liability. This is illegal under both federal and state law.

Red Flags That You Might Be Owed Overtime

You may have a valid claim if:

• You’re salaried and earn under the FLSA threshold.

• You perform mostly non-exempt duties.

• Your employer discourages or fails to track overtime.

• You’re expected to work “until the job is done” without additional pay.

Courts consider all these factors when determining eligibility. A skilled employment lawyer can help you assess your situation.

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Contact Coffman Legal for a Free Consultation

If you’ve asked yourself, “Am I entitled to overtime if I’m salaried?”, you’re not alone. Many salaried workers are misclassified and could have a claim for unpaid overtime. At Coffman Legal, our experienced employment lawyers can review your job duties and classification to determine your rights.

Call us today for a free, confidential consultation. You may be owed significant back pay, and we’re here to help you recover it.