Do you have to pay all exempt employees overtime?

Most of the employees at my work are considered "exempt" from overtime. If some of the exempt employees are paid overtime, while the rest of us are not paid overtime, is there a law that prevents the company from paying us overtime?

Thank you.

2 answers  |  asked Feb 7, 2005 1:16 PM [EST]  |  applies to Texas

Answers (2)

Margaret A. Harris
It's A Unique Argument Though

Mr. Henderson is right. I just could not resist the opportunity to comment on this. It appears that the employer is saying that it would LIKE to pay some of you overtime, but the law prohibits it from doing so! What an interesting argument! We cannot pay you any more money because there is a law that we can only pay you this little bitty bit, no more. Wow! Now, there are some contracts where the customer won't pay the contractor any more than x dollars per hour for the contract employees, but that's a matter of a written contract, which is not the same as a law.

Good luck. I wonder how creative the next explanation is going to be when you ask for the same treatment that others are receiving.

By the way, you may want to confirm that you are really, really exempt. A lot of people think that, just because they are paid a salary, they are not entitled to overtime. That's not true. The status of exempt versus non-exempt is based on what you do, not how you are paid.

posted by Margaret A. Harris  |  Feb 7, 2005 4:09 PM [EST]
Trey Henderson

there is no law that prevents the company from paying you overtime if they want to.

posted by Trey Henderson  |  Feb 7, 2005 1:29 PM [EST]

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