If a employee is on salary and they work over 40 hours a week are they entitled to overtime pay?

The Fair Labor Standards Act (FLSA) requires covered employers to pay overtime at the rate of time and one-half to all non-exempt employees for hours worked in excess of 40 in a work week. However, certain types of employees are exempt from the overtime pay requirement. There is a complex set of regulations interpreting the requirements for meeting these exemptions. Generally, an exempt employee must be paid on a salary basis at least $455 per week. However, simply being paid a salary is insufficient to meet the exemptions. That is a common misconception. Exempt employees must also meet certain "duties tests" based on their day-to-day job functions. It is certainly possible that a salaried employee could fail to satisfy the duties tests and, therefore, be entitled to overtime pay. If a non-exempt employee performs more than 40 hours of work for the employer in a week, even if not authorized to do so, the employer is obligated to pay the employee overtime. If you have not already done so, I would urge you to consult with a local attorney, such as myself, who is experienced in handling FLSA claims. In addition to defending the lawsuit, your attorney can advise you whether you have, in fact, misclassified the plaintiff as exempt, and what your potential exposure is. I would be happy to offer you a no-cost consultation. If you are interested, please contact me using the information in my profile below.