Can Salaried Workers Receive Overtime?

Yes, many salaried employees who work more than 40 hours a week are eligible to receive overtime under federal law. Companies sometimes tell their employees that because they are paid on a salaried basis, rather than hourly, they are not entitled to receive overtime. Such claims are simply not true. Unless your job duties fall into one of the narrow exemptions to federal overtime requirements, your company should be paying you overtime even if you are paid a salary.

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Dan Morgan Managing Partner

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Employee misclassification can rob workers of wages, benefits, and rights. We fight for justice and what you're owed.

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“The Fee is Free unless you win.”

Dan Morgan Managing Partner

Play Video

The attorney shown above may not be licensed in your state. To find an attorney licensed in your area, please visit our attorney page.

Start Your Claim

Meet Our Employee Misclassification Attorneys

Our attorneys fight for workers wrongfully labeled as independent contractors. We fight to help you recover lost wages, overtime, benefits, and other compensation you're entitled to under the law.

C. Ryan Morgan

Allison Rattet

Andrew R. Frisch

Angeli Murthy

Anna S. Kozak

Bryan Arbeit

Corey Seldin

Ertis Tereziu

George Triantis

Gregory R. Schmitz

The attorneys shown in these photos may not be licensed in your state. To find an attorney licensed in your area, please visit our attorney page.

Ways We Can Help

Misclassified employees often miss out on essential protections. We help workers challenge unfair labor practices and recover compensation.

Independent Contractor Misclassification

Being labeled an “independent contractor” when you're truly an employee can deny you overtime pay, insurance, and more. We fight to correct your classification and recover back pay.

Overtime & Wage Theft

Misclassified employees are often denied overtime pay and their minimum wage entitlements. We fight to recover unpaid wages and hold employers accountable.

Benefits Denials

Employers may misclassify their employees as “independent contractors” to avoid offering health insurance, paid leave, or retirement benefits. We fight to restore what you’re owed.

Tax & Social Security Issues

We help workers understand the fallout so they can avoid future consequences while pursuing the unpaid compensation they deserve.

Job Protection & Rights Violations

Misclassified workers may be denied job protections under the FMLA, ADA, or workers' compensation laws. We work to uphold your workplace rights.

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When it came to negotiating, they didn't just settle for anything. They definitely went to bat for me.

Lashondra

They took care of me, and now we're doing okay. Thank God that I went to Morgan & Morgan.

Ray M.

The company handled absolutely everything from start to finish.

Sean D.

Lashondra

Ray M.

Sean D.

Results may vary depending on your particular facts and legal circumstances.
Based on select nationwide reviews.

Misclassification cases need three things.

Proof of misclassification

Employment records and documentation

Demonstrable damages (wages, benefits, protections)

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Common Signs of Employee Misclassification

Lack of Overtime Pay

If you work more than 40 hours a week and don’t receive overtime, your classification may be incorrect. We help workers reclaim unpaid wages and ensure future protection.

Employer Controls Your Work

If the company you work for sets your schedule, directs your work, and supervises your tasks like a regular employee, but calls you a contractor, you may be misclassified. We help prove the truth.

No Access to Benefits

Being excluded from health insurance, paid time off, or retirement plans could be a red flag. We fight for the benefits you deserve as a true employee.

You Use Employer Equipment or Work On-Site

Independent contractors typically purchase and use their own tools and work independently. If you rely on company equipment or work at their facility, your job may be misclassified.

You're Penalized for Not Taking Shifts

Contractors have control over their work schedule. If your employer penalizes you for missing scheduled hours, they may be treating you like an employee without the protections.

Job Title or Contract Language Conflicts

Sometimes, companies label workers as “1099” in name only, while treating workers like full-time traditional employees. We help uncover these tactics and pursue justice.

FAQ

Get answers to commonly asked questions about our legal services and learn how we may assist you with your case.

Can Salaried Workers Receive Overtime?
Yes, many salaried employees who work more than 40 hours a week are eligible to receive overtime under federal law. Companies sometimes tell their employees that because they are paid on a salaried basis, rather than hourly, they are not entitled to receive overtime. Such claims are simply not true. Unless your job duties fall into one of the narrow exemptions to federal overtime requirements, your company should be paying you overtime even if you are paid a salary.

Meet Our Employee Misclassification Attorneys