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Are Salaried Employees Entitled To Overtime Pay?
Some salaried employees are entitled to overtime pay. Being paid a salary does not, by itself, make you exempt from overtime. Under federal and New York law, an employee is generally owed overtime unless their salary meets a minimum threshold and their actual job duties meet specific legal tests.
Salaried Employees And Overtime Pay
Employees in New York are protected by both state and federal law.
Many people assume that hourly employees are always eligible for overtime and salaried employees never are. Federal and New York employment laws are more complex than that. Under the Fair Labor Standards Act and the New York Labor Law, non-exempt employees must be paid overtime when they work more than 40 hours in a workweek. Exempt employees are not entitled to overtime, regardless of how many hours they work.
Whether you are exempt depends on two things: how much you are paid and the duties you actually perform. Your job title does not determine your eligibility for overtime. Executives, administrative employees, learned professionals, outside salespeople, and certain other employees may be exempt, but many salaried employees do not meet these tests and remain eligible for overtime.
New York law can be more protective than federal law. For example, an employee in New York City earning $60,000 a year meets the federal salary minimum but falls below New York’s threshold for the executive and administrative exemptions, which means that employee may be entitled to overtime under New York law.
New York Salary Thresholds for Overtime Exemptions in 2026
New York sets higher salary minimums than federal law for the executive and administrative exemptions. As of January 1, 2026, an employee must earn at least the following to fall under these exemptions:
- New York City, Nassau, Suffolk, and Westchester counties: $1,275.00 per week ($66,300 per year)
- Rest of New York State: $1,199.10 per week ($62,353.20 per year)
Under the federal Fair Labor Standards Act, the minimum is $684 per week ($35,568 per year). When New York and federal law differ, employees generally receive the protection that is more favorable to them.
New York does not set its own salary threshold for the professional exemption, which covers certain roles that require advanced knowledge or education. For those roles, the federal threshold applies.
Salary alone is not enough to make an employee exempt. Your job duties must also meet the legal test for the exemption. Your job title does not decide whether you are exempt; the work you actually do does.
Signs You May Be Misclassified as Exempt
- You earn less than the New York threshold for your region
- Most of your workday is spent on routine or manual tasks
- You do not supervise other employees or make independent decisions on significant matters
- Your employer changed you from hourly to salaried without changing your duties
- You regularly work more than 40 hours a week and have never been paid overtime
If any of these apply to you, your employer may be failing to pay overtime you are owed. Some employers also avoid overtime in other ways, such as paying workers partly in cash.
Frequently Asked Questions
Do salaried employees get overtime in New York?
Some do. A salaried employee in New York is entitled to overtime unless their salary meets the applicable threshold and their job duties qualify for an exemption. Non-exempt employees must be paid one and one-half times their regular rate for hours worked over 40 in a workweek.
If I am on salary, do I get overtime when I work more than 40 hours?
If you are non-exempt, yes. Your employer must pay overtime for every hour over 40 in a workweek, even if you receive a fixed salary. Time you spend working off the clock or from home counts toward those hours.
Can my employer avoid paying overtime by calling my job a manager position?
No. A job title alone does not make an employee exempt. What matters is the work you actually perform and how much you are paid.
What should I do if I am salaried and not paid overtime?
Keep records of your hours, pay stubs, and job duties, and speak with an employment attorney about a possible unpaid wage claim. Claims under New York law can generally be brought within six years, and federal claims within two years, or three years if the violation was willful.
Questions? Contact Us Today.
If you are a salaried employee and believe you have been denied overtime, it is important to discuss your circumstances with an employment law attorney. Our firm represents employees in New York and New Jersey in wage and hour claims. Read how we helped a client in recovering unpaid overtime. Prior results do not guarantee a similar outcome.
Call today at 212-460-0047 for a Free Confidential Case Evaluation, or complete our online contact form.
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