can an exempt employee earn overtime?

[bisto]

What is the name of your state (only U.S. law)? California

I work in a field where work load changes from month to significantly. Employees can work 140 hours a month, then may be required to work 250 the next.

Is there any regulations/laws that would allow these employees to earn overtime without jepordizing their exempt status?

thanks.

 

[ecmst12]

Nothing stops an employer from CHOOSING to pay an exempt employee extra when they have to work exceptionally long hours. To avoid jeopardizing the exempt status; perhaps calling it a "bonus" rather then overtime?

 

[cbg]

If the employee is legitimately classified as exempt, there are no circumstances whatsoever under which he is legally entitled to overtime. None. Ever. In any state. No matter what.

If the employer chooses to provide a bonus for extra work, he may do so. No law obligates him to. If it is done on an hour by hour basis, the employer risks jeopardizing the exemption.

 

[Ronin]

Years ago I worked for a major corporation that paid some of its exempts overtime for anything worked over 50 hours. It was a flat rate of $25 per hour which was closer to single time than time and a half for most. But at the time it made the 70 hour weeks more bearable. Then there were some weeks of leaving early and working 30 hours but still paid the same salary.

Bottom line is an employer can compensate exempts for extra hours in any way it chooses from hourly rates to comp time to bonuses to raises, as long as it doesn't mess with or try to circumvent the exempt salary structure.