Are you working extra hours but not seeing overtime pay in your paycheck? You’re not alone. Many employees are unaware that they’re entitled to overtime pay under the Fair Labor Standards Act (FLSA)—even if they are salaried.
This guide will help you understand:
Who qualifies for overtime pay under the FLSA
The FLSA salary thresholds and exemption rules
Common employer violations that result in unpaid wages
Steps to take if you are not getting paid fairly
Understanding your rights can help you reclaim what you’re owed and prevent wage theft. Let’s dive in.
What Is the FLSA?
The Fair Labor Standards Act (FLSA) is a federal law that sets minimum wage, overtime pay, recordkeeping, and child labor standards for employees in the U.S.
Key FLSA Overtime Rules
Non-exempt employees must be paid overtime at 1.5 times their regular hourly rate for all hours worked over 40 in a workweek.
Exempt employees are not entitled to overtime, but only if they meet strict exemption criteria (salary level and job duties).
Employers must track work hours and cannot force unpaid work off the clock.
Are You Owed Overtime? Eligibility Explained
Many workers mistakenly believe that being salaried means they don’t qualify for overtime. The truth? To be denied overtime, your job must pass three specific exemption tests.
FLSA Salary Threshold (2024 Update)
To be exempt from overtime, employees must earn at least:
$684 per week ($35,568 per year) for most exempt employees
$107,432 per year for highly compensated employees who perform at least one exempt duty
New York’s Higher Salary Threshold
If you work in New York, the salary threshold is even higher:
New York City: $1,125 per week ($58,500 per year)
Long Island & Westchester: $1,050 per week ($54,600 per year)
Rest of New York State: $1,000 per week ($52,000 per year)
If you earn less than these amounts, you must be paid overtime—even if you’re salaried.
Salary Basis Rule
To be exempt from overtime, you must receive a fixed salary regardless of hours worked. If your employer deducts pay for missed hours, you may be misclassified and owed overtime pay.
Job Duties Test
Your job must fall into one of these exempt categories to be denied overtime:
Executive – Manages a team and can hire or fire employees
Administrative – Makes independent decisions affecting the company
Professional – Requires specialized education (e.g., doctors, lawyers)
Computer Employees – Certain IT roles earning $27.63 per hour or more
Outside Sales – Primarily works selling outside the office
5 Signs You’re Not Being Paid Correctly
Your employer may be violating FLSA if you experience any of the following:
You’re salaried but earn less than $684 per week ($1,125 in NYC)
Your employer calls you exempt but you don’t manage employees or make key decisions
You’re asked to clock out but your employer allows or demands you keep working
Your overtime isn’t paid at 1.5 times your regular rate
You’re pressured to work off the clock before or after shifts
Case Example: In Scott Wetzel Servs. v. NYS Bd. of Indus. Appeals, workers misclassified as exempt won unpaid overtime after proving their job duties didn’t meet the exemption test.
Steps to Address Unpaid Overtime
If you believe you’re owed overtime wages, here’s what to do:
Document Your Hours
Keep a written record or use a time-tracking app:
Clock-in and out times
Breaks and unpaid time
Total weekly hours worked
This includes any work activity, such as off-hours emails, phone calls, chat messages, texts, and other communication requiring a response.
Talk to Your Employer
Start with a polite conversation with HR or your manager:
Example: “I noticed my overtime hours aren’t reflected in my paycheck. Can we review my classification?”
File an Official Complaint
If your employer ignores you, file a wage complaint with:
U.S. Department of Labor (DOL) Wage & Hour Division
New York Department of Labor
Consult a Labor Attorney
An employment lawyer can help you recover unpaid wages—and in some cases, even double your back pay in damages.
Why Addressing Unpaid Wages Matters
Ignoring wage theft affects more than just your paycheck:
Lost income – You could be missing out on thousands of dollars per year
Legal consequences for employers – Companies that violate FLSA can be fined or sued
Better workplace protections – Fighting for your rights helps others in your workplace get fair pay, too
FAQs: Quick Answers to Common Questions
"Can my employer retaliate if I report unpaid overtime?"
No. Under FLSA’s anti-retaliation law, your employer cannot permissibly fire, demote, or punish you for filing a wage complaint.
"What if I’m salaried? Do I qualify for overtime?"
It depends. Salary alone doesn’t determine exemption—your job duties and salary level matter more.
"How far back can I claim unpaid overtime?"
You can recover unpaid wages for up to two years (three years if the violation was intentional).
Final Takeaway: Know Your Overtime Rights
Just because you’re salaried doesn’t mean you don’t deserve overtime pay
Many employers misclassify workers—make sure you’re correctly classified under FLSA
If you’re owed wages, take action—your hard work deserves fair pay
Take Action Now: Protect Your Paycheck
Think you’re being underpaid? Start tracking your hours today.
Need legal help? Contact a labor attorney for a free consultation.
Share this article so others know their rights.
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Have you experienced unpaid overtime? An experienced employment law attorney may be able to help.
This article is for informational purposes only and does not constitute legal advice. Consult an attorney for personalized guidance.
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