Federal law generally requires and employer to pay an employee one and one-half the employees regular rate of pay for each and every hour permitted to work in excess of 40 hours in a work week. However, there are some exceptions to the rule. Generally, professionals (i.e. Doctors, Lawyers, Accountants), certain highly paid compulter professionals, managers (managing 2 or more employees), certain administrative personell, certain commissioned salespersons, and others working within particular industries may be exempt from the overtime rules. However, an employer may not simply decide to put an employee "on salary" and not pay overtime. Rather, the employee must fit squarely within one of the exemptions to overtime. As employers you should seek competent legal advice prior to characterizing any employee as "exempt" from overtime. Likewise, if you are and employee, contact an attorney if you are not receiving overtime pay and are unsure if you are exempt. Generally, and employer may be liable to an employee for back wages for 2 to 3 years, in some circumstances liquidated damages, and attorneys fees.
