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Overtime: Exemptions

Some types of jobs are exempt from the overtime pay rules, but these exemptions are frequently not applied correctly by employers. For example, some executives, managers and outside salespersons are exempt from overtime pay. Whether the employer can avoid paying overtime depends on the employees’ actual job duties, not on job titles. Merely paying an employee on a salary basis does not make the employee exempt from overtime pay.

Even employees whose jobs would normally make them exempt from overtime, may be entitled to overtime pay if the employer makes certain kinds of deductions from pay or pays the employee on an hourly basis rather than a salary basis. Changes in actual job duties may result in a formerly exempt employee becoming entitled to receive overtime pay.

   
   
Robert Rice & Kevin Dunagan, Board Certified in Labor & Employment Law - Texas Board of Legal Specialization. Other attorneys not certified by the Texas Board of Legal Specialization.

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