Does Paying An Employee By Salary Exempt Them From Overtime?

No, paying an employee a salary does not make exempt them from overtime. The employee must meet the definition of an executive, administrative, or professional employee as defined by the Labor Commissioner to be considered exempt. The employee must meet both a duties test and salary test.

The information on this page is meant to provide a general overview of the law. The laws in your state and/or city may deviate significantly from those described here. If you have specific questions related to your situation you should speak with a local attorney.

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