Even though you are in a salaried position and paid a salary, you may still be entitled to overtime unless one of the specific exemptions applies. Your right to be paid overtime even though you are in a salaried position depends on the job duties that you perform, not on whether you are paid a salary or an hourly rate.

Salaried Position

Many FLSA cases involve salaried employees who are mis-classified by their employer (many times intentionally) and not paid overtime when the employee is entitled to overtime.

If the job duties that you perform are duties for which a person would normally receive overtime, how you are actually paid makes no difference. Under the FLSA, your salary will be converted to an hourly rate and you will then be entitled to receive time and a half for each hour worked over 40 in a workweek.