Can Salaried Employees Qualify for Overtime Pay?

 Posted on October 13, 2026 in Employment Law

Being paid a salary does not always mean an employee is ineligible for overtime pay. Some salaried employees work long hours without receiving the additional pay they may be entitled to under the law. If you believe your employer has unfairly denied you overtime pay in 2026, an Arlington, VA unpaid wages lawyer can review your situation and help you understand your legal options.

What Does Federal Law Require for Overtime Pay?

The federal overtime requirement comes from the Fair Labor Standards Act, 29 U.S.C. § 207. It requires employers to pay covered employees at least one and one-half times their regular rate for every hour worked beyond 40 in a workweek. That requirement applies to all covered employees, unless a specific exemption applies. If the law covers you, your employer must pay overtime unless it can prove that an exemption applies.

Virginia has its own overtime provisions that work alongside the federal law rather than replacing it. When state and federal rules differ, the one more favorable to the worker typically applies. How you are paid does not determine coverage. That means salaried employees can be entitled to overtime pay.

What Is the Three-Part Test for Overtime Exemption?

For most managers, administrative employees, and professionals, employers must meet three requirements before they can deny overtime pay. If even one requirement is not met, the employee may qualify for overtime.

• Salary basis: You must receive a set amount of pay each pay period, regardless of how much work you do. Reducing your pay for partial-day absences or slow weeks could affect your overtime status.

• Salary level: As of 2026, you must earn at least $684 per week, or $35,568 per year, to qualify for most of these exemptions. Different amounts may apply to earlier years.

• Job duties: Your actual work must meet the requirements for an overtime exemption. Your job title alone does not determine whether you qualify.

Employers must consider all three requirements when deciding whether an employee is exempt from overtime.

Which Job Duties Make an Employee Exempt From Overtime Pay?

Certain types of jobs can qualify for an exemption from overtime pay, depending on the employee’s actual duties. These include:

• Executive: Mainly managing a team or department, supervising at least two full-time employees, and having a say in hiring or firing decisions

• Administrative: Doing office work related to running a business and making important decisions independently

• Professional: Doing work that requires advanced knowledge usually gained through a specialized college degree, or certain types of creative work

• Computer employee: Performing certain jobs involving computer systems, programming, or software development

• Outside sales: Regularly working away from the employer’s business location to make sales

An assistant manager who spends most of the week running a register, stocking shelves, and cleaning may qualify for overtime if management is not their main responsibility. The same applies to a coordinator or specialist who follows set procedures rather than making important decisions independently.

What Are the Signs You Have Been Misclassified as Exempt From Overtime Pay?

Certain patterns show up repeatedly in misclassification cases. You were switched to salary around the time your hours increased, with no meaningful change in your responsibilities. Your manager approves every decision you make, leaving little room for independent judgment. You supervise people on paper but cannot hire, fire, discipline, or set schedules.

Another sign is performing the same work as hourly coworkers who do receive overtime. If you and the person next to you do substantially the same job and only one of you gets paid for extra hours, consider reviewing whether your job has been classified correctly.

Employers also create problems without reclassifying anyone. This could include requiring employees to work before or after their shifts without pay. Employers sometimes also deduct meal breaks that employees worked through or fail to pay for required travel or training time.

How Far Back Can You Recover Unpaid Overtime?

Federal law allows two years to claim unpaid overtime, or three years if the employer knowingly broke the law or ignored the risk. Virginia allows three years regardless of intent.

Federal law may allow workers to recover double their unpaid wages. Virginia allows triple damages for knowing violations. For Virginia claims filed on or after July 1, 2026, employers can avoid extra damages if they acted in good faith and reasonably believed they were following the law. They must also pay all unpaid wages within 14 days of being notified of the violation.

Employees can also recover attorney fees and costs. Employers cannot punish workers for seeking overtime. Waiting can reduce compensation, so consider filing with the Department of Labor or in court.

Contact Our Fairfax, VA Wage Theft Attorney Today

Attorney Lindsay Freedman handles wage cases in both federal and state court. Thanks to his hands-on, accessible approach, he has been recognized among the top employment lawyers in Annapolis, MD. 

To find out how Freedman Law, LLC can help, call 410-290-6232 to talk to our Fairfax, VA wage theft lawyer today.