Employment Law Questions? Ask an Employment Lawyer.
Does you husband supervise other employees or make hiring/firing decisions?
What state is this in?
Although state and federal laws (the federal law is the Fair Labor Standards Act) require employees who are paid hourly to be paid overtime when they work over 40 hours in a week, that does not apply to employees who are paid on salary if those salaried employees are properly classified by their employer as being salaried. The U.S. Dept. of Labor has the following information, here, about when employees are properly labelled as salaried. Where an employee manages others, earns at least a certain minimum amount, and has the ability to make hiring and firing decisions that normally means they do not have to be paid overtime, as indicated in the link from the U.S. Dept. of Labor. Any questions regarding whether an employee is properly classified as hourly or salaried can be made to the U.S. Dept. of Labor, at the number in the link.