Overtime Rules for Veterans in the Workforce: What You Should Know

Veterans entering the civilian workforce bring invaluable strengths — leadership, discipline, and specialized skills that enhance any industry. However, when it comes to overtime pay, military experience does not automatically alter the application of the law.

Under the Fair Labor Standards Act (FLSA), it’s your job duties, not your background, that determine whether you're exempt from overtime. Just because someone served doesn’t mean they’re excluded from earning overtime — eligibility is based on what the role requires and how it’s classified.

In April 2024, the U.S. Department of Labor proposed changes to the salary threshold for exempt workers. That rule was challenged in court and ultimately struck down. However, overtime regulations are still very much in place.

Currently, the 2019 FLSA guidelines remain in effect. To be considered exempt, an employee must earn at least $684 per week on a salary basis, or $107,432 annually, to qualify as a highly compensated employee. However, these figures are only relevant if the role itself meets the exemption test, which includes job duties and the level of independence.

Military Service Doesn’t Automatically Mean Exemption

Serving in the military is an incredible accomplishment, but it doesn’t automatically qualify someone as an “exempt” employee under the FLSA. The law sets clear exemption standards for specific roles, including executive, administrative, professional, outside sales, and certain computer-related positions. Employers are required to follow these guidelines without exception.

What matters most under the FLSA is the work you're doing in your civilian job today, not the rank or responsibilities you held while serving.

For example, maybe you led a highly technical operation in the military. That’s an impressive and valuable experience. But once you transition into a civilian role, your employer must evaluate your current duties and compensation structure to determine if you qualify for overtime exemption.

Your service background may open doors, but your exemption status depends on your civilian job, not your past military role.

The Professional Exemption: What it Means

One of the most common points of confusion involves the “learned professional” exemption under the FLSA. Some assume that advanced military training qualifies, but that’s not the case.

To meet the FLSA’s criteria for this exemption, all three of the following must apply:

• The employee’s primary duty must require advanced knowledge
• That knowledge must be in a field of science or learning
• It must be customarily acquired through a prolonged course of specialized academic study, not just on-the-job training or practical experience

Even if military training is extensive and technical, it doesn’t replace a formal academic degree for exemption purposes.

If a civilian job typically requires a specialized degree to be considered for hire, like in law, engineering, or medicine, it may fall under the professional exemption. However, for most technical or blue-collar roles, even when filled by highly trained Veterans, that exemption does not apply.

What About Veterans In Skilled Trades and Technical Roles? 

If you worked with machinery, communication systems, or engineering equipment during your military service, you might now find yourself in fields like manufacturing, construction, or private-sector tech support. Your background is impressive, but under the FLSA, most of these roles are still considered nonexempt.

That means you’re entitled to full wage and hour protections, including:

• At least the federal minimum wage
• Time-and-a-half pay for all hours worked over 40 in a workweek

Even with extensive military experience, the following positions generally do not qualify for exemption:

• Assembly line workers
• Engineering technicians
• Field service representatives
• Skilled laborers in production or maintenance roles

The bottom line? Military training doesn’t override the FLSA’s requirements.

If your civilian job doesn’t meet the exemption criteria for duties and salary, then you’re legally entitled to overtime pay and other protections, no matter how technical your military background may be.

Why This Matters for Veterans and Employers

Transitioning from military to civilian employment can present numerous challenges, and one of the most confusing is determining how your role is classified under wage and hour laws.

Some employers mistakenly believe that Veterans should automatically be considered exempt because of their skills or background. That’s not just inaccurate — it can also be a costly legal mistake.

Under the Fair Labor Standards Act (FLSA), Veterans who are misclassified may be entitled to back pay, penalties, and other legal remedies. Employers must evaluate each position based on the current job duties and salary, rather than prior military experience.

Military service is incredibly valuable. But when it comes to overtime eligibility, the law is clear: your civilian job determines your rights, not your résumé.

Veterans working in technical or blue-collar roles still deserve fair pay for every hour they work, including overtime pay when they exceed 40 hours a week.

Disclaimer: This information is based on fact sheets the DOL provides.

Have Questions About Your Rights As a Veteran?

At Morgan & Morgan, we proudly support Veterans in the workplace, and many members of our legal team have served, too.

If you believe your employer is misclassifying your role and denying you overtime pay, we may be able to help. To get started, please get in touch today by filling out our free, no-obligation case evaluation form. Let’s make sure you’re getting every dollar you’ve earned.