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When can salaried workers be paid for overtime hours?

10/24/2011

Q. I am taking on the employment law role at a 10-person company. The company uses a base salary system for ALL employees based on a 40-hour work week. If any of us work over 40 hours, we are paid overtime at 2x normal hourly rate (salary divided by 2080 hours.) This is applicable only up to 50 hours. Anything over 50 hours is not paid at all. Some employees fall under nonexempt status based on their responsibilities (assembly line workers). But a few of us, myself included, are exempt since we are executives and professionals and make upwards of $100,000/yr. Clearly we should not be paid overtime and be fully salaried. My concern is whether the company can be in legal trouble for technically paying us exempt workers overtime pay (even if we don't mind). – Attorney, Colorado

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