Salaried but Still Owed Overtime? Why Your Job Title Might Be Costing You Thousands

Just because you’re on salary doesn’t mean you’re not entitled to overtime.

Thousands of workers across Florida are being misclassified as “exempt” employees—and it’s costing them big. If you’re working more than 40 hours a week and not being paid extra for it, you may be missing out on money you’ve rightfully earned.

Under the Fair Labor Standards Act (FLSA), you’re generally entitled to 1.5 times your regular pay for every hour worked over 40—unless your employer can prove you fall under a specific exemption.

Misclassification Warning Signs:

• You're salaried but spend most of your time doing non-managerial tasks, like running the register or stocking shelves.

• You don’t have authority to hire or fire, or make big decisions.

• You work long hours with no overtime pay.

• Your salary is less than $684 per week ($35,568 per year).

Manager Title? High Salary? You Still Might Be Owed Overtime.

Even if you’re called a “manager” or earn above the salary threshold, that alone doesn’t exempt you from overtime pay. The Department of Labor’s test for exemption requires a detailed review of your actual job duties, not just your title or paycheck. Many workers labeled as managers still spend most of their time doing the same work as hourly employees. Determining whether you're truly exempt often requires legal analysis—so don’t assume your employer got it right.

Common Misclassification Jobs:

• Retail and restaurant managers

• Assistant managers

• Administrative support staff

• IT and helpdesk roles

• Construction and skilled labor

 What You Can Do:

1. Keep track of your actual hours worked.

2. Compare your job duties to the FLSA exemption rules.

3. Talk to an employment lawyer to find out if you have a case.

You could be entitled to back pay for up to 3 years, plus double damages and attorney’s fees.

Call Squires and Ryan today at (813) 922-2803 for a free case review. You’ve already put in the hours—now let’s fight to get you paid for them.