Employment Law Questions? Ask an Employment Lawyer.
Generally the answer is no - salaried employees do not get overtime regardless of hours worked. However, the bigger question is whether the person is properly classified as salaried. TO be salaried (exempt from overtime) the employee must be paid at least $455 per workweek regardless of hours worked, and be part of the exempt class of employee - namely manager, professional, outside sales, computer programmers and high level administrators. If they are not paid on a salary basis and in this class the employer cannot classify them as salaried exempt and must pay overtime.
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