Employees who may qualify for exemption from overtime under the Fair Labor Standards Act (FLSA) include executives, administrative employees, professionals, outside sales workers, and certain computer employees, but each exemption requires meeting specific salary and duties tests.
At BT Law Group, PLLC, Miami wage and hour attorneys Jason D. Berkowitz and Anisley Tarragona help workers determine whether they’ve been properly classified. If your employer classifies you as exempt but your job duties do not meet the legal requirements, our team can evaluate your situation and determine whether you may be entitled to recover unpaid overtime. We represent employees throughout South Florida and try cases in the U.S. District Court for the Southern District of Florida.
This guide explains the major overtime exemption categories, the salary basis and duties framework, how misclassification happens, how to tell if you’ve been misclassified, and what damages Miami workers may recover.
Call BT Law Group at (305) 507-8506 today for a confidential case evaluation to find out whether you have been misclassified and may be entitled to recover unpaid overtime wages.
What Does “Exempt” Actually Mean Under the FLSA?
Under Sections 13(a)(1) and 13(a)(17) of the FLSA, exemptions from minimum wage and overtime may apply to bona fide executive, administrative, professional, outside sales, and certain computer employees. Exemption is never automatic. To be exempt, an employee generally must satisfy a two-part test: a salary requirement and a duties requirement defined by 29 C.F.R. Part 541.
Here are the key points about Miami overtime rights under the FLSA, which Florida follows:
- Non-exempt employees are entitled to receive overtime pay for hours worked beyond 40 in a workweek under 29 U.S.C. § 207.
- Overtime pay should be at least 1.5 times the employee’s regular rate of pay.
- Some employees may be exempt from these overtime requirements based on their job duties, salary, and other factors.
If the applicable salary, compensation, and duties requirements are not met, the worker must be treated as non-exempt and is entitled to overtime pay for hours worked over 40 in a workweek.
What Is the Salary Basis Requirement?
Being paid on a “salary basis” means an employee receives a guaranteed, predetermined amount of pay each week that is not subject to reduction based on the quality or quantity of work performed. As of June 2026, the federal salary threshold is $684 per week ($35,568 annually). The DOL’s 2024 rule increasing the threshold was judicially vacated, and the DOL published a May 2026 technical amendment restoring the 2019 regulatory text. Employers may use nondiscretionary bonuses and incentive payments, including commissions, paid annually or more frequently, to satisfy up to 10 percent of the standard salary level.
Improper salary deductions can jeopardize the exemption. If an employer reduces a salaried exempt worker’s pay for partial-day absences, poor performance, or other reasons tied to the quality or quantity of work, the worker may not be paid on a true salary basis. An actual practice of improper deductions can cause the employer to lose the exemption for affected employees, making them eligible for overtime for hours worked over 40.
What Is the Duties Test Requirement?
The duties test looks at what an employee actually does day to day, not what their job title says. The Department of Labor is explicit that job titles do not determine exempt status. An employee’s specific job duties and salary must both meet all the requirements of the federal regulations.
This distinction is where most misclassification disputes begin. A worker can be handed a manager title and a salary yet still spend the bulk of the workday on routine, non-exempt tasks, which keeps them eligible for overtime.
Key Takeaway: Exempt status under the FLSA requires both a salary basis at $684 per week and duties that match a recognized exemption. Failing either part of the test means the worker is non-exempt and owed overtime, regardless of their title or salary.
What Is the Executive Exemption in Florida?
The executive exemption is one of the most frequently misapplied classifications in Miami workplaces. All four required elements must be met before an employer can treat a worker as an exempt executive.
Who Qualifies as an Executive Employee?
Executive employees may be exempt only if they meet all of these criteria:
- Earn at least $684 per week ($35,568 per year) on a salary basis
- Primary duty is managing the enterprise, or a customarily recognized department or subdivision
- Customarily and regularly direct the work of at least two or more full-time employees or their equivalent
- Have authority to hire or fire other employees, or their recommendations on hiring, firing, advancement, or promotion are given particular weight
The phrase “primary duty” is central. The exemption applies only when management is the worker’s principal job, not an occasional task layered on top of regular hourly-type work.
Common Executive Misclassification Scenarios
Many Miami workers are labeled executives but spend most of their time on tasks that have nothing to do with managing. Frequent examples include:
- Assistant store managers who ring registers, stock shelves, and clean for most of their shift
- Shift leads who fill in on the line and have no real authority to hire or fire
- “Working supervisors” who perform the same manual or hourly work as the people they nominally oversee
When non-managerial tasks dominate the workday and management is not the worker’s true primary duty, the executive exemption may fail, and the worker may be eligible for back overtime for hours worked over 40.
Key Takeaway: A manager title alone does not satisfy the executive exemption. If your real, day-to-day primary duty is non-managerial work, you may be misclassified and entitled to overtime pay.
What Is the Administrative Exemption in Florida?
The administrative exemption is the category employers most often stretch beyond its limits. The hardest element to satisfy is the requirement of discretion and independent judgment on matters of significance.
Who Qualifies as an Administrative Employee?
Administrative employees may be exempt only if they meet all of these criteria:
- Earn at least $684 per week ($35,568 per year) on a salary or fee basis
- Primary duty is office or non-manual work directly related to the management or general business operations of the employer or its customers
- Primary duty includes the exercise of discretion and independent judgment with respect to matters of significance
Routine clerical or production work, even when performed in an office, does not qualify. The exemption is reserved for employees who genuinely make significant decisions and exercise independent judgment, not those who simply apply set procedures.
Which Florida Workers Are Commonly Misclassified Under the Administrative Exemption?
Employers in Miami often improperly label the following roles as exempt administrative employees:
- Loan processors and underwriting clerks who follow fixed guidelines
- HR assistants who handle paperwork without independent decision-making authority
- Bookkeepers performing standardized accounting tasks
- Customer service leads who follow scripts and company policy
When these workers mostly apply established rules rather than exercise independent judgment on significant matters, the administrative exemption usually does not apply.
Key Takeaway: The administrative exemption requires real discretion and independent judgment on significant business matters. Office workers who follow set procedures typically do not qualify for the administrative exemption.
What Is the Professional Exemption in Florida?
The professional exemption most commonly covers learned professionals and creative professionals, with special rules for teachers, doctors, and lawyers. Most learned and creative professionals must meet the salary requirement and a duties test, while certain teaching, law, and medicine roles are treated differently under the regulations.
Learned Professionals
A learned professional may be exempt if all of the following apply:
- Earns at least $684 per week ($35,568 per year) on a salary or fee basis
- Primary duty is work requiring advanced knowledge, predominantly intellectual in character, including the regular exercise of discretion and judgment
- The advanced knowledge is in a field of science or learning
- The advanced knowledge is customarily acquired through prolonged, specialized intellectual instruction
The specialized education element matters. Work that can be learned on the job or through general training does not satisfy the learned professional test.
Creative Professionals
A creative professional may be exempt if both of the following apply:
- Earns at least $684 per week ($35,568 per year) on a salary or fee basis
- Primary duty is work requiring invention, imagination, originality, or talent in a recognized field of artistic or creative endeavor
This category is narrower than many employers assume. Routine marketing, production, or design work that follows templates and supervisor direction generally does not require the originality the exemption demands.
Teachers, Doctors, and Lawyers
Employees whose primary duty is teaching, practicing law, or practicing medicine may be exempt from the salary basis and salary level requirements, but only if they meet the specific regulatory requirements for those professions. This is a special and limited exception under the FLSA. It applies narrowly to those specific professions and does not extend to most other salaried roles.
Key Takeaway: The professional exemption requires genuine advanced knowledge or true creative work. Teachers, doctors, and lawyers can be exempt without meeting the salary test, but that special rule does not apply to most other workers.
What Is the Computer Employee Exemption in Florida?
The computer employee exemption has a unique feature: it can be satisfied by either a salary or an hourly rate. That does not mean most tech workers qualify, however.
Who Qualifies as an Exempt Computer Employee?
Computer employees may be exempt if they meet these criteria:
- Earn at least $684 per week on a salary or fee basis, OR at least $27.63 per hour if paid hourly
- Are employed as a computer systems analyst, computer programmer, software engineer, or other similarly skilled worker in the computer field
- Have primary duties involving systems analysis, design, development, documentation, testing, creation, or modification of computer systems or programs, including duties tied to machine operating systems
A worker may also qualify through a combination of these duties requiring the same level of skill.
Which Computer Workers Are Often Misclassified?
Many Miami technology roles are wrongly treated as exempt computer employees. Common examples include:
- IT help desk and general tech support staff
- Network administrators whose work is primarily installation, repair, or maintenance
- Junior tech workers who do not design or develop systems and programs
Employees who maintain or repair hardware, troubleshoot user issues, or follow standardized procedures generally fall outside the exemption and remain eligible for overtime.
Key Takeaway: Working in IT does not automatically make you exempt. Help desk and support workers who do not design or develop systems usually qualify for overtime pay.
What Is the Outside Sales Exemption in Florida?
Outside sales employees may be exempt if they meet both of these criteria:
- Primary duty is making sales or obtaining orders or contracts for services or facilities
- Customarily and regularly work away from the employer’s place of business
The salary requirements do not apply to the outside sales exemption. The away-from-the-office element is critical, though. A worker who sells primarily by phone, email, or from a fixed company location, often called an inside sales representative, generally does not qualify as an outside sales employee and may be owed overtime even if labeled “outside sales.”
Key Takeaway: Outside sales has no salary threshold, but the worker must truly sell away from the employer’s location. Inside or remote sales workers may still be entitled to overtime.
Miami Wage & Hour Attorneys – BT Law Group
Jason D. Berkowitz, Esq.
Jason D. Berkowitz is a founding partner of BT Law Group, PLLC and a Miami wage and hour attorney who represents workers in overtime, wage and hour, and employee misclassification disputes throughout Florida. Before co-founding BT Law Group, Jason was a partner in the Miami office of a national labor and employment firm representing management exclusively, including many Fortune 100 companies, giving him firsthand insight into how employers evaluate and defend wage claims.
Jason regularly litigates claims arising under the Fair Labor Standards Act (FLSA) and other federal and state employment laws. He earned his J.D., cum laude, from the University of Miami School of Law and has represented clients in federal and state courts, administrative proceedings, and arbitration matters throughout his career.
Anisley Tarragona, Esq.
Anisley Tarragona is a founding partner of BT Law Group, PLLC who represents employees in overtime, unpaid wage, and workplace rights disputes throughout South Florida. She handles claims involving wage theft, employee misclassification, discrimination, retaliation, harassment, wrongful termination, and other violations of state and federal employment laws.
Before co-founding BT Law Group, Anisley practiced in the Miami office of a national labor and employment law firm representing management exclusively. That experience gives her valuable insight into how employers, insurance carriers, and defense counsel evaluate workplace claims. Fluent in Spanish, she regularly advocates for workers in federal and state courts, administrative proceedings, and arbitration matters arising under the Fair Labor Standards Act and other workplace protection laws.
What Is the Highly Compensated Employee Exemption?
The highly compensated employee (HCE) exemption applies a relaxed duties test for certain high earners, but it still requires both compensation and duties elements.
An employee may be exempt under the HCE rule if all of these apply:
- Earns total annual compensation of at least $107,432, which must include at least $684 per week paid on a salary or fee basis
- Primary duty includes office or non-manual work
- Customarily and regularly performs at least one of the exempt duties of an executive, administrative, or professional employee
The relaxed feature is that the worker need only perform one exempt duty rather than satisfy the full duties test for a category. A high earner who performs purely manual work or never performs any exempt executive, administrative, or professional duty does not qualify, even above $107,432.
Key Takeaway: The HCE exemption lowers the duties bar for workers earning $107,432 or more, but they must still perform at least one exempt duty and meet the $684 weekly salary component. High pay by itself does not eliminate overtime rights.
How Does Overtime Misclassification Happen in Florida?
Most misclassification in Miami workplaces comes from employers relying on the wrong signals to label a worker exempt. They lean on job titles, salary alone, or boilerplate job descriptions rather than the worker’s actual duties.
Salary Alone Doesn’t Make You Exempt
A common and costly misconception is that paying a worker a salary automatically removes the right to overtime. It does not. If the duties test is not met, the salaried worker is non-exempt and owed overtime.
Job Title vs. Job Duties: What Florida Courts Look At
The US Department of Labor and federal courts in Florida look at what a worker actually does each day, not what an offer letter or org chart says. The courts also apply a fair reading to FLSA exemptions.
Key Takeaway: Employers misclassify workers by relying on titles, salary, or generic job descriptions instead of real duties. Because job titles and salary alone do not determine exempt status, many salaried Miami workers may still qualify for overtime they never received.
What Can Florida Misclassified Workers Recover?
Misclassification claims can carry significant value because the FLSA provides several layers of recovery. Workers who win or settle these claims are often owed far more than a single missed paycheck.
| Recovery Type | What It Covers | Time Period |
|---|---|---|
| Back Pay | Unpaid overtime at 1.5x the regular rate | 2 years (3 years if willful) |
| Liquidated Damages | An additional amount equal to the back pay | Same period as back pay |
| Attorney's Fees and Costs | Paid by the employer for prevailing workers | Through resolution of the case |
Back Pay for Unpaid Overtime
Under 29 U.S.C. § 255, a worker can recover up to two years of unpaid overtime, extended to three years when the employer’s violation was willful. This lookback can add up quickly for employees who worked long weeks while wrongly classified as exempt.
Liquidated (Double) Damages
Under 29 U.S.C. § 216, workers may recover liquidated damages equal to the amount of unpaid overtime, effectively doubling the recovery. However, under 29 U.S.C. § 260, a court may reduce or deny liquidated damages if the employer proves it acted in good faith and had reasonable grounds for believing its pay practice complied with the FLSA.
Attorney’s Fees and Costs
The FLSA shifts attorney’s fees and costs to the employer when the worker prevails. Combined with contingency representation, this means a misclassified employee can pursue a claim without paying legal fees out of pocket.
Key Takeaway: FLSA misclassification claims can include up to three years of back overtime, an equal amount in liquidated damages, and employer-paid attorney’s fees. These layered remedies make properly built claims valuable for Miami workers.
How Do You Know If You’re Misclassified in Florida?
Certain patterns strongly suggest a worker has been wrongly classified as exempt, and they’re worth reviewing closely.
Red Flags That You May Be Misclassified
Watch for these warning signs:
- You’re paid a salary but spend most of your time on non-managerial or routine tasks.
- Your title says “manager” or “supervisor,” but you have no real authority to hire, fire, or direct other employees.
- You earn near the $684 per week threshold and regularly work well over 40 hours.
- Your employer docks your pay for partial-day absences, which can break the salary basis.
- You mostly follow set procedures rather than exercise independent judgment on significant matters.
Steps to Take If You Suspect Misclassification
If you think you’ve been misclassified, protect your potential claim:
- Document everything. Keep detailed records of your hours worked, your actual job duties, and any communications about your classification.
- Preserve your records. Save pay stubs, offer letters, and written job descriptions.
- Review your duties. Compare your day-to-day responsibilities against the exemption criteria in this guide.
- Consult a Miami wage and hour attorney. An experienced attorney can analyze whether your classification holds up and how much you may be owed.
Key Takeaway: Salary near the threshold, a hollow manager title, partial-day pay deductions, and routine daily duties are all red flags. Documenting your hours and duties and consulting a Miami attorney are the strongest first steps.
When to Speak With an Experienced Florida Wage and Hour Attorney
If your employer calls you “exempt” but your real job duties don’t match the legal requirements, you may be owed years of unpaid overtime. Sorting out whether a salary and a title truly satisfy the FLSA’s two-part test is exactly the kind of analysis our team handles every day.
Miami, FL wage and hour attorneys Jason D. Berkowitz and Anisley Tarragona have spent their careers litigating Fair Labor Standards Act and misclassification disputes throughout South Florida, including matters in the U.S. District Court for the Southern District of Florida.
Call BT Law Group, PLLC at (305) 507-8506 to schedule a confidential case strategy meeting. Our office is located at 3050 Biscayne Blvd STE 205, Miami, FL 33137, and we serve workers across Miami and throughout Florida.
Frequently Asked Questions
Can my employer make me exempt just by paying me a salary?
No. Salary is only one part of the test. To be exempt, you must be paid on a salary basis at or above $684 per week and perform duties that match a recognized exemption. If your duties don’t qualify, you are non-exempt and owed overtime.
What is the current salary threshold for overtime exemptions in Florida?
As of June 2026, the federal standard salary level is $684 per week ($35,568 annually). The DOL’s 2024 rule was judicially vacated, and the DOL’s May 2026 technical amendment restored the 2019 regulatory text.
How far back can I claim unpaid overtime in Florida?
Under 29 U.S.C. § 255, you can generally recover two years of unpaid overtime, or three years if the employer’s violation was willful.
Does Florida have its own overtime exemption law separate from the FLSA?
Florida follows the federal FLSA for overtime exemptions. Miami workers rely on the FLSA’s salary and duties tests to determine whether they are exempt or non-exempt.
What happens if my employer willfully misclassified me?
A willful violation extends the lookback period to three years and can support liquidated (double) damages under 29 U.S.C. § 216, increasing what you may recover.
Can I be retaliated against for asking about my overtime rights in Florida?
No, not lawfully. The FLSA’s anti-retaliation provision, 29 U.S.C. § 215, prohibits employers from firing or otherwise discriminating against workers because they filed a complaint, participated in a proceeding, testified, or asserted protected FLSA rights.
How do I prove I was misclassified as exempt?
Misclassification is proven by showing your actual duties don’t meet the exemption’s requirements. Records of your hours, daily tasks, pay stubs, and job descriptions are key evidence a Miami wage and hour attorney can use to build your claim.
