Absolutely not. Employers often try to avoid paying overtime by slapping the word “salary” on an employee’s paycheck, but this tactic does not magically erase wage and hour rights under the Fair Labor Standards Act (FLSA). In the recent case Keefe v. Britt’s Bow Wow Boutique, Inc., No. 23-14024, 2025 WL 1483009 (11th Cir. May 23, 2025), the United States Court of Appeals for the Eleventh Circuit made it crystal clear: being salaried does not mean you can be overworked and underpaid.
In Keefe, Sydney Keefe worked long hours at a dog boarding business, sometimes 74 hours a week, yet her employer often paid her flat weekly amounts—and sometimes nothing at all for overtime. Despite calling her a “salaried” employee during parts of her employment, the Eleventh Circuit Court of Appeals affirmed a jury’s verdict finding that Keefe was entitled to over $100,000 in unpaid wages and liquidated damages under the Fair Labor Standards Act (“FLSA”). The Eleventh Circuit Court of Appeals held that “liquidated damages [are] presumptively available” and refused to allow the employer to escape liability by claiming good faith after willfully ignoring overtime pay obligations.
So yes, if your employer thinks calling you salaried means they get free labor, they are barking up the wrong tree.
How Much Proof Does An Employee Need To Win An FLSA Overtime Case?
Not as much as most people think. One of the best parts of the FLSA is that it understands how workplace power dynamics work. Employees usually do not keep detailed records. That is the employer’s job. When an employer fails to keep accurate records, an employee can win based on reasonable estimates backed by testimony.
Keefe did exactly that. She estimated that she worked 74 hours a week over 71 weeks and backed it up with both testimony and records the employer itself had produced. Even though the employer tried to block her from introducing specifics due to discovery technicalities, the Eleventh Circuit Court of Appeals allowed her to use the employer’s own time and pay records. The Eleventh Circuit Court of Appeals affirmed that the jury had “ample, non-speculative, admissible evidence” to conclude that Keefe worked significant unpaid overtime and was entitled to recover.
Quoting Anderson v. Mt. Clemens Pottery Co., the Eleventh Circuit Court of Appeals held that when an employer fails to keep proper records, an employee need only “produce sufficient evidence to show the amount and extent of that work as a matter of just and reasonable inference.”
In plain English: you do not need to fetch every single timecard to have a bone to pick with your boss.
Best Overtime Lawyer Blogs on Point:
- What Does My Employer Have to Prove to Deny Me Overtime Pay?
- Are Nannies, Butlers & Maids Entitled To Overtime Pay?
- Can My Job Cut My Regular Pay Rate To Avoid Paying Overtime?
What If My Employer Pays Me Overtime, But Not At Time-And-A-Half?
Then they are still violating the law. Under the FLSA, all covered employers must pay their employees at a rate of 1.5 times their regular hourly rate for all hours worked over 40 in a workweek.
In Keefe, even when the employer did pay some overtime, they often paid it via cash, Venmo, or not at the legally required rate. Sometimes they paid only her regular hourly rate. The Eleventh Circuit Court of Appeals was not impressed. It affirmed the jury’s finding of a willful violation, noting that the employer never even consulted a lawyer about whether their pay practices complied with the FLSA. In fact, Colvard (the owner) testified that she “paid [Keefe] whatever she told me I owed her.”
The Eleventh Circuit Court of Appeals held that such conduct justified the award of liquidated damages and made it clear that paying “something” is not good enough when the law mandates “time-and-a-half.”
So no, you cannot throw your employee a half-baked bone and expect them to wag their tail in gratitude. This is not a Scooby-Doo episode where the mystery of missing pay gets solved with a snack.
Best Wage Theft Attorney Blogs on Point:
- There’s $4 Billion In Overtime Wage Theft Every Year – How Much Of That Is Yours
- Is It Illegal For My Job Not To Pay Me Overtime?
- Does Standby Time Count For Overtime Pay Calculations?
What Should I Do If I Am Not Getting Paid For All The Hours I Work?
First, take a breath. You are not alone. Thousands of workers face wage theft, unpaid overtime, and other employment law violations every year. But you do not have to stay silent.
Second, do what Keefe did: document your work. Even if you did not track every hour precisely, write down your best estimates. Save your texts, emails, and anything that shows what your job involved. In Keefe’s case, just two text messages asking about overtime were used to support her claim and helped establish that her employer had knowledge of the issue.
The Eleventh Circuit Court of Appeals held that Keefe’s own testimony, even without a perfect paper trail, was enough. That means your words matter. Your evidence matters. And the best employment law attorney can help you figure out what else to gather.
When your employer buries your overtime under the rug like a chew toy, it is time to dig it up and bring it to light.
Best FLSA Law Firm Blogs on Point:
- Do Independent Contractors Have A Right To Overtime Pay?
- Is My Manager Personally Liable For Overtime Violations?
- Are Outside Salespeople Exempt Form Overtime Pay Under The FLSA?
Can I Still Win If My Employer Has A Different Story About My Hours?
Yes. Courts know that employers almost always deny wrongdoing. In Keefe, multiple defense witnesses claimed Keefe exaggerated her hours, lied about working, or even slept on the job. But the jury believed her.
Why? Because she was consistent. Because the company’s own records backed her up. Because other employees said they too were denied overtime. And because the employer’s testimony was often vague, contradictory, and dismissive.
The Eleventh Circuit Court of Appeals upheld the verdict because it is the jury’s job to decide who is telling the truth. The Eleventh Circuit Court of Appeals refused to second-guess that decision, even when the employer asked for a new trial, a reduced judgment, or to throw out the case altogether.
Let the employer howl all they want. If your testimony is strong and your story holds up, you can still win the fight.
Best Pay Rights Attorney Blogs on Point:
- Overtime: Is Your Employer Paying You The Right Overtime Rate?
- Who qualifies for overtime pay?
- Is It Legal For A Company To Not Pay Overtime?
How Do I Find The Best Employment Lawyer To Sue My Employer For Unpaid Overtime?
The search for justice starts with the right guide. If you are wondering, “Who is the best wage theft lawyer to sue my job for not being paid overtime?” then look no further.
Spitz, The Employee’s Law Firm, is one of the largest firms in the United States solely dedicated to employee rights. That means we are not moonlighting in employment law. It is all we do. We have the resources to stand toe-to-toe with any employer, large or small. Our firm offers a free initial consultation and a no fee guarantee—you do not pay unless we win. Our attorneys have vast trial experience and a history of great results.
But what truly sets us apart? Empathy. We get it. Facing wage and hour violations like unpaid overtime or wage theft is more than a paycheck issue. It is a matter of respect. And we treat our clients the way every employee deserves to be treated—with care, compassion, and tireless advocacy.
If you suspect your employer is breaking the law, reach out now. Do not wait. Contact Spitz, The Employee’s Law Firm today for a free consultation and let the best employment law attorneys fight for you. Do not let your employer keep running off with your bone. Let us help you bite back.
Employment Lawyer Disclaimer
This employment law blog offers general information for employees dealing with wage theft, discrimination, or unpaid overtime under the FLSA. It is not legal advice and should not be relied upon as such. Every situation is unique, and you should consult with a qualified employment lawyer or attorney to get personalized advice. Reading this blog does not create an attorney-client relationship. We make no promises regarding the outcome of any specific case. This blog is a legal advertisement, and it is intended to inform employees of their rights and encourage them to contact Spitz, The Employee’s Law Firm—the best law firm for handling wage and hour violations, pay disputes, and other employment law matters.