Salaried but working 60 hours/week — do I get overtime?
CAdeepwater1 month ago
Salaried position. Working 60+ hours regularly. Employer says salaried means no overtime. Right?
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Wrong — being 'salaried' alone doesn't make you exempt from overtime. To be properly classified as exempt under federal FLSA and state law, you must meet BOTH a salary test (CA's threshold is currently ~$66k+ for 2026) AND a 'duties test' (executive, administrative, professional, computer, or outside sales — defined narrowly). Many employers misclassify low-level managers and admin staff as 'exempt' when their actual duties are mostly non-discretionary. If you were misclassified, you can recover unpaid overtime going back 3 years (CA) plus penalties. Wage-claim attorneys typically take these on contingency. Document hours worked (a notes app log helps). Don't confront the employer yet — file a claim or get a consult first.
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Please readThis is a community space for sharing personal experience — it is not legal advice, and posts here are not from Lawma or your attorney. We strongly encourage you to post under an anonymous handle, keep questions general, and avoid posting private details of your active case. For advice about your own situation, message your attorney.