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The Fair Labor Standards Act (FLSA), requires covered employers to pay their non-exempt workers who work more than 40 hours in a workweek overtime wages. This is true whether the employee receives an hourly wage, a salary, a draw, or other types of pay. Even if you make a salary, it does not automatically mean that you are not entitled to receive overtime wages, which is a common misconception. 

On the other hand, employees who are exempt under the administrative, professional or executive exemptions are not entitled to overtime pay. In order to determine whether the employee falls under one of these exemptions, there are certain "tests" regarding the employees job duties, and the employee must make $455 per week in salary. 

Call us in order to determine whether you are entitled to receive overtime, and to answer other questions you may have regarding wages paid by your employer at (404) 618-3838 or email us at

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