Overtime FAQ
Does being salaried mean I can't get overtime?
No. Salary is just a way of paying you. To deny overtime, an employer generally must meet a salary level test, a salary basis test and a duties test.
How much is the federal salary threshold in 2026?
$684 per week ($35,568 per year) for most executive, administrative and professional exemptions. Several states set higher minimums.
How far back can I recover unpaid overtime?
Under federal law, generally 2 years, or 3 years for willful violations. Some state laws allow more.
Can my employer fire me for asking about overtime?
Federal law prohibits retaliation against workers who complain about wage violations or take part in an investigation.
Does it cost money to file a complaint?
No. Filing with the U.S. Wage and Hour Division is free. Many employment lawyers also offer free consultations and take wage cases on contingency.
Can my employer give me comp time instead of overtime pay?
Private-sector employers generally cannot substitute comp time for overtime pay. Comp time is permitted for certain public-sector employees.
Is OvertimeClaims.com a law firm?
No. We are an independent educational website. We don't provide legal advice or represent anyone.
More questions? Start with overtime basics.