How Do I Know if I am Properly Classified as Overtime Exempt?

Florida follows the federal Fair Labor Standards Act (FLSA) for overtime law. Under the FLSA, all non-exempt workers should be paid overtime wages (1.5x) for overtime hours. Exempt employees do not need to be paid overtime. However, an employer in Florida cannot simply decide whether or not a worker is exempt. There are specific rules and regulations for exemption status under the FLSA. In this article, you will find an overview of how you can determine if your employer has properly classified you as overtime exempt in Florida.

Being Paid a Salary Does Not Automatically Make You Overtime Exempt

One of the most common misconceptions about overtime law is that any employee who receives a salary is exempt. There is a misunderstanding that hourly workers get overtime pay and salaried employees do not. That is not how the FLSA works. Under 29 C.F.R. Part 541, exemption generally depends on both how an employee is compensated and what duties the employee actually performs. The DOL is clear: Exemption status depends on the employee’s actual job duties.

Your Actual Job Duties Must Satisfy a Recognized Exemption

An employee must satisfy the duties test for a specific exemption. An executive employee, for example, generally must have management as a primary duty, regularly direct at least two full-time employees or their equivalent, and possess meaningful authority concerning hiring, firing, advancement, or other personnel decisions.

The administrative exemption requires that an employee’s primary duty must involve office or non-manual work directly related to management or general business operations and include discretion and independent judgment concerning matters of significance. Routine application of established procedures ordinarily does not satisfy that requirement. Learned professionals generally must perform work requiring advanced knowledge in a field of science or learning customarily acquired through prolonged specialized intellectual instruction.

Most Overtime Exemptions Have a Salary Basis and Salary Level Test

All workers must be paid overtime unless they meet all the elements for an exemption. It is the employer’s burden to prove they meet the exemption.

For the executive, administrative, and professional exemptions, an employee generally must be paid on a salary basis of at least $684 per week, or $35,568 annually. That is the operative federal threshold in 2026 after the Department of Labor formally restored the regulations established by its 2019 rule. In other words, if you are paid less than that amount weekly (or annually), you cannot be properly classified as overtime exempt in Florida in 2026 even if you meet all requirements.

If an employer makes deductions to your salary, it could destroy the salaried basis. Even a single unlawful deduction can destroy the salaried basis and could require back overtime payments.

Note: There are some exceptions. For example, qualifying outside sales employees are not subject to the standard salary requirement, while certain computer employees can qualify based on hourly compensation of at least $27.63 per hour. Contact our team to see if you have a wage and hour violation. .

Contact Our Florida Wage and Hour Attorney Today

Wage and hour laws can be complicated. You may not be entirely sure if you have a claim for misclassification as overtime exempt. If you have any questions or concerns about your status under the FLSA, an experienced Florida employment law attorney can help.