Legal Question in Employment Law in Texas

Exempt pay

I have been classified as an exempt employee for a few years, but have always gotten straigh pay (not overtime) for all hours worked. (not jsut up to 40) Recently, my employer has stated that I will not be paid for any hours over 40 that are not billable, due to being exempt. (Even though they have been doing it for about 3 years.) Even though I am listed as exempt, I am paid hourly. My understanding is that a person cannot be exempt and be paid hourly. Is this true?


Asked on 8/02/08, 1:38 pm

1 Answer from Attorneys
Roger Evans Mathis & Donheiser

Re: Exempt pay

No. Whether or not you are paid hourly is irrelevant to your classification as an exempt or non-exempt employee. For example, if you are a non-exempt employee, such as a secretary, you are still entitled to overtime even if you are paid a salary. It is the status of the job, not the basis for the compensation, that controls. Otherwise, employers would simply pay everyone a salary and there would be no overtime.

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Answered on 8/03/08, 1:09 am


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