US
ESAssistant Manager Salary and Overtime Rights
An assistant manager salary doesn’t automatically eliminate overtime rights. Whether you qualify depends on the law that covers your work, the exemption your employer claims, your actual duties, and how you’re paid. A management title or annual salary figure alone can’t answer those questions.
Can a Salaried Assistant Manager Receive Overtime?
Yes. Under the Fair Labor Standards Act, covered employees who aren’t exempt generally receive at least one-and-a-half times their regular rate for hours worked beyond 40 in a workweek. An employer can pay a nonexempt employee a salary and still owe overtime.
Covered means a wage law applies to your employment. Exempt means a specific legal exception removes an otherwise applicable overtime requirement. Nonexempt means that exception doesn’t apply. State laws can provide additional protections.
What Salary Requirements Apply in 2026 and 2027?
As of October 2026, the standard federal executive exemption generally requires at least $684 per week on a salary basis, equivalent to $35,568 over 52 weeks. The administrative exemption generally uses the same amount, with salary or qualifying fee-basis pay. Employees must also meet requirements related to their day-to-day duties.
For New York executive and administrative exemptions under the applicable wage orders, the 2026 weekly salary thresholds are higher. The annual equivalents below assume 52 weeks and don’t replace the weekly requirements.
| Applicable rule or work location | Weekly amount | 52-week equivalent |
|---|---|---|
| Federal standard salary level | $684.00 | $35,568.00 |
| New York City and Nassau Suffolk and Westchester counties | $1,275.00 | $66,300.00 |
| Rest of New York State | $1,199.10 | $62,353.20 |
These figures address exemption requirements, not typical assistant manager earnings. Confirm the wage order, work location, and employment dates that apply to your role. Other states can have different salary levels or duties tests. Under current rules, these salary thresholds continue into January 2027. Requirements may change later, so check the rules that apply to your work location and employment dates. Meeting the salary threshold alone doesn’t establish an overtime exemption.
Why Meeting the Salary Threshold Isn’t Enough
The standard federal executive exemption also requires that management is your primary duty, including regularly directing at least two full-time employees or their equivalent and hiring or firing authority or personnel recommendations that carry particular weight. A higher-level manager can make the final decision.
The administrative exemption has its own duties requirements involving qualifying work related to management or general business operations and discretion on significant matters. A supervisory title doesn’t establish that exemption either.
What Counts as Salary Basis Pay?
Under federal rules, salary-basis pay generally means you receive a predetermined amount each pay period that doesn’t shrink because the quality or quantity of your work changes. The rules generally require the full salary for a week in which you perform work, subject to specified exceptions. Some full-day absences, unpaid FMLA leave, and the first or last week of employment can permit deductions.
Review the reason for any reduction in your paycheck, rather than assuming every deduction is unlawful. State law may impose additional requirements. Also, an employer can sometimes pay extra compensation without losing an exemption.
How Overtime Can Work with a Salary
For a nonexempt employee, the overtime calculation depends on what hours the salary covers and what other pay belongs in the regular rate. The employer can’t simply call a salary “all inclusive” to avoid legally required overtime.
For example, assume a nonexempt assistant manager receives $1,000 for a 40-hour workweek but works 50 hours and has no other compensation affecting the regular rate. The regular rate calculates to $25 per hour, so the 10 overtime hours should accrue at $37.50 per hour. That would add $375, making total pay $1,375 for that week.
This is an illustration, not a formula for every salary arrangement or a promise of recovery. Bonuses, commissions, the hours the salary covers, and applicable law can change the calculation. A lawyer can review the actual pay agreement and records.
What to Keep for a Pay Review
Keep pay stubs, offer letters, salary-change notices, bonus policies, and your own record of hours worked. Note any work before opening, after closing, or outside scheduled shifts, along with deductions and changes in your responsibilities. Use records you can lawfully access; don’t take confidential employer or customer information.
Your salary may change during employment, and an exemption analysis may change with it. A review should consider each relevant period, rather than applying today’s pay or duties to your entire employment history.
This page provides general information, not legal advice. Contacting the firm doesn’t create an attorney-client relationship. Don’t send confidential or time-sensitive information through the website form.