--- title: "Salaried Sous Chef: Do I Get Overtime?" description: "Being on salary doesn’t make you exempt. Under federal law you also need at least $684 a week and a job whose main duty is managing. Here is the test." url: https://www.tipmaxapp.com/us/answers/salaried-sous-chef-overtime language: en publisher: TipMax (Entermaurs Incorporated) date_published: 2026-09-23 last_verified: 2026-09-23 --- # I’m a salaried sous chef (or kitchen manager). Do I get overtime? **Short answer:** Only if you fail the exemption test. A salary alone doesn’t make you exempt. Under federal law, the executive exemption needs **all** of these: a salary of at least **$684 a week**, management as your **primary duty**, directing the work of **two or more** full-time employees or the equivalent, and hiring and firing authority or real weight in those decisions. If you fall short, you’re owed time and a half for hours over 40 in a workweek. ## 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](https://www.dol.gov/agencies/whd/state/contacts). 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 FLSA](https://www.dol.gov/agencies/whd/fact-sheets/17b-overtime-executive) - [U.S. Department of Labor: Salary levels for the overtime exemptions](https://www.dol.gov/agencies/whd/overtime/salary-levels) - [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)](https://www.ecfr.gov/current/title-29/subtitle-B/chapter-V/subchapter-A/part-541) - [U.S. Department of Labor, Fact Sheet #23: Overtime Pay Requirements of the FLSA](https://www.dol.gov/agencies/whd/fact-sheets/23-flsa-overtime-pay) - [U.S. Department of Labor, Wage and Hour Division: State Labor Offices](https://www.dol.gov/agencies/whd/state/contacts) ## Last verified September 23, 2026. 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. ## Related - [How does overtime work for tipped employees?](https://www.tipmaxapp.com/us/answers/overtime-for-tipped-employees) - [Can my manager make me work off the clock?](https://www.tipmaxapp.com/us/answers/can-my-manager-make-me-work-off-the-clock) - [Is my manager allowed to do that?](https://www.tipmaxapp.com/us/answers/is-my-manager-allowed-to-do-that) - [Tips deduction vs overtime deduction](https://www.tipmaxapp.com/us/answers/tips-deduction-vs-overtime-deduction) ## How TipMax helps with this A record of the hours you actually worked each week is what an overtime question comes down to. TipMax is an iPhone app for servers and bartenders that tracks tips and tip-outs and turns a restaurant menu into study flashcards. - See your true hourly rate: wage plus tips. - Weekly, monthly, and pay-period totals. - Download all your data as a CSV any time. Download TipMax free: https://apps.apple.com/us/app/tipmax-study-track-earn/id6744850146 --- TipMax Answers explains public IRS and U.S. Department of Labor guidance in plain English for tipped workers. It is **not tax, legal, or accounting advice**. Federal rules are a floor; your state may add its own tip rules. Confirm with IRS.gov, DOL.gov, your state labor agency, or a qualified professional. TipMax the app helps you track tips and tip-outs; it does not file your taxes or decide tip-pool disputes.