09/14/2026
Paying someone a salary doesn't automatically mean they're exempt from overtime. Under federal law, it takes two things: the right salary AND the right job duties.
The current salary floor under the FLSA is $684 per week, but clearing that number is just step one. The employee's actual duties still have to satisfy one of five specific exemption tests: executive, administrative, professional, computer, or outside sales.
Job titles don't count. A worker called "manager" who doesn't actually manage isn't exempt. A blue-collar worker earning six figures still earns overtime.
Misclassifying a non-exempt employee as exempt doesn't eliminate the overtime obligation. It creates one, plus back pay, liquidated damages, and legal exposure.
We just published a plain-language breakdown of exactly how this works under federal law: what each exemption requires, where employers most often get it wrong, and what to do about it. Read more on our blog page! https://journeypayrollhr.com/resources/blog/