The single most common wage myth in Pennsylvania: salaried means no overtime. Employers believe it, repeat it to staff, and write policies around it. It is not the law.

Salary is only half the test

Under the Fair Labor Standards Act, an employee is exempt from overtime only if two things are true. First, the employee is paid on a salary basis above the legal threshold. Second, the employee’s actual duties fit one of the exemptions: executive, administrative, professional, outside sales, or certain computer roles.

The duties part is where most employers get it wrong. A working supervisor who spends most of the shift on the same work as the crew is not an executive exemption. An office coordinator handling routine tasks is not an administrative exemption just because the word administrative appears in the title. Titles are cheap. Duties are what count.

Signs you may be misclassified

• You are called a manager but have no real power to hire, fire or direct
• Most of your week is the same work as non-exempt coworkers
• Your pay never changes no matter how many hours you work, and the hours are long
• You were reclassified to salary right before a busy season

Your regular rate

Even salaried non-exempt workers get overtime. The rate is calculated from your regular rate: your salary divided by the hours the salary is meant to cover, with most bonuses and shift differentials folded in. Half-time and comp time deals arranged verbally by a supervisor do not satisfy the law.

What to keep

Keep your own hours. A simple note on your phone at the end of each day, texts from supervisors asking you to stay, photos of schedules. Federal claims reach back two years, three if the violation was willful, so good records translate directly into money.

If this description fits you, the review is free. The math usually takes one meeting.

Have a question about your own situation? The consultation is free. Call (215) 555-0148 or send us a message.