Twelve Common Errors in Overtime Pay: Salaried Employees

Kevin D. Fitzpatrick, Jr. : February 23, 2012 12:57 pm 

The Fair Labor Standards Act (FLSA) establishes minimum wage, overtime pay, record-keeping and youth employment standards for workers in the private sector and government.  Covered non-exempt workers are entitled to overtime pay of at least 1.5 times regular pay if they work more than 40 hours per week. 

Another common problem area: 

2.Salaried employees 

Some employers tell their employees that they do not receive overtime because they are paid a salary.  This is widely held misconception about the FLSA.  FLSA exemptions are always defined by what you do, not how you are paid.  Employees who receive a salary may still be covered the FLSA overtime pay requirements.  We have seen many examples of non-exempt salaried employees who were entitled to overtime pay under the FLSA. 

If you are an employer or an employee and have questions about the Fair Labor Standards Act, call the FLSA experts at DeLong, Caldwell, Bridgers, Fitzpatrick, & Benjamin, LLC, Charles Bridgers and Kevin Fitzpatrick, at (404) 979-3150 for a free consultation.  For more information, check out our publication,  Are You Entitled to Overtime Pay?