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Are All Salaried Employees Exempt From Overtime?

You must be paid on a salary basis to be exempt from overtime.  But you are not necessarily exempt just because you are paid a salary.

If you are salaried but make less than $35,568 a year, you are not exempt and should be paid time and a half for all hours worked over forty in a week.

If you are salaried but your primary job duties are not considered "exempt duties" under Massachusetts and federal law, you are not exempt and should be paid time and a half for all hours worked over forty in a week.

The definition of "non-exempt duties" is very fact specific, but generally involves:
  • Bona fide executives: people in a supervisory or management role.
  • Bona fide professionals:  licensed professionals.
  • Bona fide administrative employees: individuals performing administrative tasks with a high level of responsibility and independent judgment. 

There are, however, very specific lists of other exemptions that you should talk to an employment attorney about if you have questions.


Learn more here about overtime law in Massachusetts.

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are salaried employees exempt from overtime under Massachusetts and federal law

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  • Home
  • Employment Law
    • Guide To Employment Law Content
    • Employment Contracts in Massachusetts
    • Discrimination in the Workplace
    • Employment Termination >
      • Massachusetts Paid Family Leave
      • Severance Pay
      • Unemployment in Massachusetts
    • Sexual Harassment at Work >
      • Sexual Harassment in a Small Business
      • Sexual Harassment and Non Disclosure Agreements
      • Sexual Harassment and Remote Work
    • Wage and Hour Laws
    • Independent Contractor Law
    • Non Compete Agreements >
      • Are non competes enforceable
      • Massachusetts Non Compete Act
      • Pre 2018 Massachusetts Non Competes
  • Estate Planning
    • Guide To Estate Planning Content
    • Legacy Protection
    • Why You Need an Estate Plan
    • Why You Don't Have an Estate Plan
    • Estate Planning Documents >
      • Children with Special Needs
    • Planning for Assisted Living
    • Probate Process
  • Business Law
    • Guide To Business Law Content
    • Small Business Law
    • Business Contract Basics
    • Civil Suit Defense
    • Legal Issues for Start Ups
    • Trademark Basics
    • How to Incorporate
    • Sale of Business
  • About
    • Reviews
    • Slnlaw Offices
    • slnlaw core values
    • Publications and Interviews
    • New Client Intake and Consultation
    • Contact
  • Attorneys
    • Emily Smith-Lee >
      • 2018 Lawyer of the Year
    • Jenna Ordway
    • Rebecca Rogers
    • Sharleen Tinnin
    • Elijah Bresley
  • Legal FAQs
    • Estate Planning FAQs
    • Probate FAQs
    • Small Business FAQs
    • Wage Act FAQs
    • Commission Pay FAQs
    • Overtime FAQs
    • Independent Contractor FAQs
    • Non Compete FAQs
    • Employment Discrimination FAQs
    • Employment Termination FAQs
    • Massachusettts Unemployment FAQs
    • Severance Package FAQs
    • Medical Leave FAQs
    • Sexual Harassment FAQs
    • Employer FAQs
    • Civil Lawsuit FAQs
  • Blog