No. Being paid a salary is only one factor in whether a particular employee's job is exempt from overtime requirements.
There are three (3) factors that determine whether or not an employee does or does not have to be paid overtime. Those factors are as follows:
(1) that they are paid on a true salary basis meaning that their pay is not reduced for lack of work;
(2) that they are paid a salary of at least $455 per week. Based on a 40 hour work week this comes to $11.375 per hour;
(3) that the employee's job falls within one of the job classifications that are exempt from overtime pay requirements.
If any of these three factors are not met, the employee has to be paid overtime for time worked in a work week more than 40 hours.
Lexington, Kentucky overtime lawyer Robert Abell represents individuals and employees seeking to recover the overtime pay they have earned but not been paid; contact him at 859-254-7076.
