Can a Salaried Employee Still Get Overtime?
October 23, 2026
Yes — a salaried employee who doesn't meet the FLSA exemption criteria (the duties test and salary level test covered in a dedicated article elsewhere in this series) is classified as non-exempt and remains entitled to overtime pay, despite being paid on a salary basis rather than hourly.
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Since pay is structured as a salary rather than an hourly wage, an equivalent hourly rate first needs to be derived (typically weekly salary ÷ the number of hours the salary is intended to cover), and overtime is then calculated at 1.5× that derived rate for hours over 40 in a workweek.
Worked Example
A non-exempt employee earns a $800/week salary intended to cover a standard 40-hour workweek, and works 46 hours in a specific week.
- Derived hourly rate: $800 ÷ 40 = $20/hour
- Overtime pay: 6 hours × ($20 × 1.5) = 6 × $30 = $180
- Total pay for the week: $800 + $180 = $980
Frequently Asked Questions
Can a salaried employee be entitled to overtime?
Yes — if they're classified as non-exempt (not meeting FLSA exemption criteria), they remain entitled to overtime despite being salaried.
How is overtime calculated for a salaried non-exempt employee?
An equivalent hourly rate is derived from the salary, then overtime is calculated at 1.5× that rate for hours over 40.
What's the overtime pay in the worked example here?
$180, for 6 overtime hours at a derived $30/hour overtime rate.
What determines whether a salaried employee is exempt or non-exempt?
The FLSA duties test and salary level test, covered in more detail in a dedicated article on exempt vs. non-exempt classification.