I’m a salaried sous chef (or kitchen manager). Do I get overtime?
The short answer
What to check
Say you’re paid $900 a week as “sous chef,” you work 55 hours, and most of your shift is on the line (illustrative). Go down the list. Every row has to be yes for the executive exemption.
| Test | The federal rule | Ask yourself |
|---|---|---|
| Salary level | At least $684 a week ($35,568 a year) | Is your weekly salary at least $684? |
| Salary basis | A set amount each pay period that isn’t cut because of the quality or amount of work | Does your pay drop when the restaurant sends you home or closes early? |
| Primary duty | Managing the business or a recognized department or subdivision of it | Is managing the most important part of your job, or is cooking? |
| Directs others | Customarily and regularly directs two or more full-time employees or the equivalent | Do you run the work of at least two full-time cooks, or the same total hours? |
| Hiring and firing | Can hire or fire, or your recommendations get particular weight | Does the chef or owner act on what you recommend about hiring, firing or promotions? |
In this example, $900 clears the salary level, so the answer turns on the duties. If you fail any row, federal law treats you as non-exempt, and hours over 40 in a workweek get at least time and a half your regular rate. Not tax or legal advice.
Plain English
What counts as managing
DOL’s rules list management work such as interviewing, hiring and training staff; setting pay and schedules; directing the work; appraising employees for promotions; handling complaints; disciplining; planning and apportioning the work; deciding what supplies and equipment to buy; controlling the budget; and handling safety and legal compliance.
Cooking on the line doesn’t automatically cost you the exemption
The rule on “concurrent duties” says doing exempt and non-exempt work at the same time doesn’t disqualify you if management is still your primary duty. Its own example is an assistant manager who cooks food and cleans. What matters, per the rule: exempt managers generally decide for themselves when to jump in and stay responsible for the operation while they do. An employee whose primary duty is ordinary production work or routine, repetitive tasks can’t qualify as an executive.
Time is a useful guide but not the whole test. Spending more than 50% of your time on management generally meets the primary-duty requirement, but less than 50% can still qualify if other factors support it. The rule also says someone closely supervised who earns little more than the non-exempt staff generally wouldn’t meet it.
The culinary-degree exemption
There’s a second route. Federal rules say chefs, such as executive chefs and sous chefs, who have a four-year specialized academic degree in a culinary arts program generally meet the duties test for the learned professional exemption. It isn’t available to cooks who do mostly routine work. The same salary level applies.
Where to ask
Your state may have a higher salary level or stricter test. Ask the DOL Wage and Hour Division at 1-866-487-9243, or your state from DOL’s list of state labor offices. If you think you’re owed overtime, keep your own record of hours now.
Common mistakes
- Thinking “salaried” and “exempt” mean the same thing.
- Going by your job title. The duties decide it.
- Counting part-time cooks one for one. The rule says two full-time employees or the equivalent.
- Not writing down your hours because you’re on salary.
Official sources
- U.S. Department of Labor, Fact Sheet #17B: Exemption for Executive Employees Under the FLSAdol.gov
- U.S. Department of Labor: Salary levels for the overtime exemptionsdol.gov
- eCFR: 29 CFR Part 541 (541.100 executive test; 541.102 management; 541.106 concurrent duties; 541.301 chefs; 541.600 salary; 541.602 salary basis; 541.700 primary duty)ecfr.gov
- U.S. Department of Labor, Fact Sheet #23: Overtime Pay Requirements of the FLSAdol.gov
- U.S. Department of Labor, Wage and Hour Division: State Labor Officesdol.gov
Last verified:
Checked DOL Fact Sheet #17B (revised August 2024), DOL’s salary levels page ($684 a week, $35,568 a year), 29 CFR 541.100, 541.102, 541.106, 541.301, 541.600, 541.602 and 541.700 as of September 1, 2026 (541.100 and 541.600 last amended May 15, 2026), and Fact Sheet #23 (time and a half over 40 hours).
Still open: The executive test in 29 CFR 541.100 has been amended several times, most recently on May 15, 2026, and the salary level has moved with those changes. DOL’s salary levels page is the place to check the current figure before you rely on $684.