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Salaried doesn’t always equal exempt

By Jesse Beatson on November 5, 2025
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Just because an employee is paid a salary does not mean they are exempt from overtime.

I came across this question on Reddit:

“I work at a small logistics company—about 10 of us total. I’m the person handling invoices, shipments, and customer calls. My title sounds fancy (‘operations associate’), but I don’t manage anyone. Lately, I’ve been doing 55–60 hour weeks because we’re short-staffed, but when I asked about overtime, my boss said, ‘you’re salaried, so that doesn’t apply.’ Am I actually exempt just because I’m salaried? Or is my company taking advantage of that label?”

One of the biggest myths in wage and hour law is that being paid a salary automatically makes you exempt from overtime

To be properly classified as “exempt,” an employee must meet both:

💰 A salary test (paid at least $684/week under federal law, or higher under some states; laws); and
💰 A duties test, which looks at what the employee actually does day-to-day—not their job title or what’s on paper.

From the redditor’s description, “operations associate” sounds like a classic non-exempt employee. Handling invoices, shipments, and customer calls? That’s routine, non-managerial work. Even if they’re paid on a salary basis, if they don’t supervise others or exercise meaningful independent judgment in running the business, they’re almost certainly entitled to overtime pay for those extra 15–20 hours per week.

The “you’re salaried; no overtime” line is a huge red flag. Employers who rely on it risk expensive back pay, liquidated damages, and attorneys’ fees. It’s a mistake that can easily snowball into a costly DOL investigation or class action.

Employers, check your employees’ FLSA classifications before the DOL or a plaintiff-side employment lawyer does it for you.

     

Related Stories

  • Understanding the ‘duties test’ of the FLSA’s administrative exemption
  • 11 best practices to prevent off-the-clock wage claims
  • A reminder from the DOL that not all “front-of-house” jobs are created equal

 

Photo of Jesse Beatson Jesse Beatson
Read more about Jesse Beatson
  • Posted in:
    Employment & Labor
  • Blog:
    Ohio Employer Law Blog
  • Organization:
    Jon Hyman
  • Article: View Original Source

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