Last reviewed: September 8, 2026.
Being paid a salary does not mean you are exempt from overtime. That is the single most common misunderstanding in wage law, and it costs Florida workers real money. To be exempt, your job has to pass both a salary test and a duties test — and most employers only check the first one, if they check at all.
What "exempt" and "non-exempt" actually mean
Non-exempt means the law protects you: your employer must pay you overtime at one and a half times your regular rate for every hour over 40 in a workweek.
Exempt means those overtime rules do not apply to you. Exempt is the exception, not the default. If your employer cannot show your job fits a specific exemption, you are non-exempt — and you are owed overtime.
Florida has no separate state overtime law, so the federal Fair Labor Standards Act sets the rule here. Florida’s own wage law governs the minimum wage floor instead.
The two tests your job must pass
An employer claiming you are exempt has to satisfy both:
1. The salary test. You must be paid on a salary basis of at least $684 per week — $35,568 a year. A predictable salary that does not change based on hours or quality of work.
2. The duties test. Your actual day-to-day work must fit one of the recognized exemptions. This is where most misclassifications happen, because it turns on what you really do, not your job title.
If you have seen a higher salary figure online, check its date. Several were published during a since-abandoned attempt to raise the threshold. The federal regulation in force today, 29 C.F.R. § 541.600, still sets the figure at $684 a week. That is the number that applies to your paycheck right now.
The main exemptions, in plain English
- Executive — your primary duty is managing the business or a department, you regularly direct at least two other full-time employees, and your input on hiring and firing carries real weight.
- Administrative — your primary duty is office or non-manual work tied to business operations, and you exercise discretion and independent judgment on significant matters. Following a script or a manual is not discretion.
- Professional — your work requires advanced knowledge in a field of science or learning, usually from prolonged specialized study; or it is genuinely creative work.
- Outside sales — you regularly work away from the employer’s place of business making sales.
- Computer employees — specific technical roles, subject to their own pay rules.
There is also a highly compensated employee shortcut at $107,432 in total annual compensation, which relaxes the duties analysis — but it still requires the $684 weekly salary and at least one exempt duty.
Titles that often get misclassified
A title does not decide it. These roles are frequently called exempt when the duties do not support it:
- "Assistant manager" who mostly runs a register, stocks, or serves customers, and manages only in name
- "Coordinator" or "specialist" who follows established procedures without real independent judgment
- Working supervisors whose primary duty is doing the same work as the people they nominally oversee
- Salaried employees paid below $684 a week — this one is straightforward; the salary test alone fails
- Anyone whose "salary" gets docked for partial-day absences or slow weeks, which can defeat the salary basis entirely
What to do if you think you were misclassified
Start with what you can document: your job description, your actual duties, your schedule, your pay stubs, and roughly how many hours you worked in a typical week. You do not need perfect records — where an employer failed to keep accurate time records, that failure does not fall on you.
Then get the classification reviewed before you raise it with your employer. Whether an exemption applies is a fact-specific question, and how you raise it matters.
What you can recover
If you were misclassified and worked over 40 hours, you can generally recover the unpaid overtime, plus an equal amount in liquidated damages, plus attorney’s fees and costs. Liquidated damages are the norm rather than the exception — the employer must prove it acted in good faith to avoid them.
The deadline is two years, or three years if the violation was willful. Every week that passes drops the oldest week off the end of what you can claim.
Talk to a Fort Lauderdale overtime lawyer
If you are salaried and working well past 40 hours, it is worth 15 minutes to find out whether that is legal. WLT Law Firm represents employees across Fort Lauderdale, Broward County, Miami-Dade and Palm Beach — never employers. A Fort Lauderdale unpaid overtime and wage lawyer can review your duties against the exemption tests and tell you where you stand.
Consultations are free and confidential. Call 954-905-9863 or 866-GET-WALI (866-438-9254), or visit our Plantation office.
Frequently asked questions
I am paid a salary. Does that mean I cannot get overtime?
No. Salary alone does not make you exempt. Your job must also pass a duties test. Many salaried employees in Florida are non-exempt and are owed overtime.
What is the minimum salary for an exempt employee in Florida?
$684 a week — about $35,568 a year. You may find higher numbers online from a proposed increase that is no longer in force. The federal rule in effect today still uses $684.
My title is “manager.” Am I automatically exempt?
No. What counts is what you actually do — whether you genuinely manage, direct other employees, and have real influence over hiring and firing. A title on a schedule does not decide it.
How is overtime calculated in Florida?
One and a half times your regular rate for every hour over 40 in a single workweek. Florida follows the federal rule; there is no separate state overtime law.
How long do I have to bring an overtime claim?
Generally two years, or three years if the violation was willful.
Learn more about how overtime pay is actually calculated.
This article is general information about Florida and federal employment law, not legal advice. Every situation is different — speak with a qualified attorney about your specific circumstances.