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Overtime pay laws, Overtime Lawyer Wage Attorney > General Overtime Questions > What is exempt vs. non-exempt from overtime?

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The rule in California and under the FLSA is that all employees are supposed to be paid overtime wages for working overtime hours. The employer, however, can classify certain types of employees as exempt from overtime. In order to do this, it is the employer's burden to prove that the employee should not be paid overtime by (1) showing that the employee is paid a salary and (2) proving that the employee performs exempt job duties.  BOTH REQUIREMENTS MUST BE SATISFIED IN ORDER TO AVOID PAYING EMPLOYEES OVERTIME.

Last updated on May 22, 2012 by Employment Lawyers BNB