Salaried Doesn’t Always Mean Exempt: Common Overtime Misclassification Mistakes in Florida

Getting a salary can feel like a promotion in itself. No more clocking in and out, just a steady paycheck every pay period. But a salary alone does not mean an employee has given up the right to overtime pay. Many Florida employers misuse the rules that determine who is truly exempt, and hardworking employees end up shorted on wages they have legally earned.

Why Salary Status Is Only Half the Test

Under the Fair Labor Standards Act (FLSA), being paid a salary is just one piece of a two-part test. An employee also must be paid at least a minimum weekly amount, and their actual job duties must fall within a recognized exemption category, such as executive, administrative, or professional work. As of 2026, the federal salary threshold for these so-called white collar exemptions sits at $684 per week, or $35,568 annually. Employees earning less than that amount cannot be classified as exempt, regardless of job title.

Job titles alone never settle the question. An employee labeled a “manager” who spends most of the workday stocking shelves or performing the same tasks as hourly staff likely does not meet the duties requirement, even if the paycheck says salary.

Common Misclassification Mistakes We See

A few patterns show up again and again in Florida workplaces:

• Giving employees an impressive title without granting real decision-making authority or supervisory responsibility;
• Assuming that anyone paid a fixed weekly amount is automatically exempt, without checking the salary threshold;
• Treating administrative support roles as exempt “administrative” employees, even when the job lacks independent judgment on significant matters;
• Applying a blanket exemption policy across an entire department instead of evaluating each role individually; and
• Failing to update classifications as job duties shift over time.

Any of these missteps can lead to significant unpaid overtime. The FLSA generally allows employees to recover unpaid wages for the two years before a claim is filed, extending to three years if the violation was willful.

The Cost of Getting It Wrong

Misclassification is not a minor paperwork issue. According to the U.S. Department of Labor, employers found to have violated overtime rules can be ordered to pay back wages plus an equal amount in liquidated damages, effectively doubling what is owed. For an employee working consistent overtime hours over months or years, that adds up quickly, and it is money that belongs to the worker, not the company.

Employees sometimes hesitate to raise concerns about their classification, worried it will look like they are questioning their own value. But asking whether a job is properly classified has nothing to do with performance and everything to do with pay practices.

Questions Worth Asking About Your Own Paycheck

If you are unsure whether your role should be exempt, ask a few honest questions. Do you regularly direct the work of other employees? Do you have real authority to make independent decisions on important matters? Is your weekly salary actually above the federal threshold? If the answers raise doubts, it may be worth having your situation reviewed.

If you believe you have been wrongly classified as exempt and denied overtime pay you are owed, our Palm Beach Gardens wage and hour attorneys at Sconzo Law Office can review your pay records, your job duties, and your employer’s classification decisions to determine whether the law was followed. Our team is ready to evaluate your situation and help you pursue the wages you have rightfully earned. Contact us today to discuss your case.

Source:

dol.gov/agencies/whd/overtime