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Can you pay exempt employee extra hours worked?
Exempt employees are not entitled to overtime pay; however, an employer may choose to pay exempt employees extra compensation in addition to their fixed salary without jeopardizing the exempt status. Extra pay can be paid in any amount, although some employers choose to pay an hourly rate.
What states pay Doubletime?
Some states have their own overtime laws that provide additional benefits to employees, such as California, which is the sole state to require double-time payment. In California, nonexempt employees receive overtime pay (time and a half) after working 8 hours in a day and double-time pay for working over 12 hours.
What happens when an exempt employee works overtime?
Exempt employees are exempt from California overtime laws. This means that, if you are an exempt employee, your employer does not need to pay you time and a half if you work more than eight hours in a workday, or more than 40 hours in a workweek, or otherwise “work off the clock.”
What is the federal overtime law?
The federal overtime provisions are contained in the Fair Labor Standards Act (FLSA). Unless exempt, employees covered by the Act must receive overtime pay for hours worked over 40 in a workweek at a rate not less than time and one-half their regular rates of pay. The Act applies on a workweek basis.
What are the exemptions for overtime pay?
The Fair Labor Standards Act (FLSA) states that employees employed as “bona fide executive, administrative, professional and outside sales employees” and “certain computer employees” may be considered exempt from both minimum wage and overtime pay. These are sometimes called “white collar” exemptions.
Can exempt employees be required to work overtime?
Only exempt employees can have overtime pay withheld from them without any legal issues. All other employees (the “non-exempt” workers) must be paid overtime when they work the required hours. Failure to pay an employee their deserved overtime pay can result in a wage and hour lawsuit.
Who is exempt from overtime pay?
Employees who are considered exempt from overtime pay include: Various employees in the retail/service industry who are paid by commission. Service employees who reside at the residence of their employer (such as domestic service workers) Farmworkers and certain agricultural employees.
Is it illegal to not pay overtime?
So, yes, it is illegal not to pay overtime to nonexempt employees. For exempt employees (salaried workers), they are not protected under FLSA , which means it’s not a federal requirement to pay them overtime, but that doesn’t necessarily mean the employer won’t pay.
Can you get fired for refusing to work overtime?
At-Will Employment. The short answer is that, yes, you can fire an employee for refusing to work overtime. As long as the reason for firing an employee isn’t discriminatory or retaliatory as prohibited by law, “at-will employment” means that you can fire your employee at any time for any reason.