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&n
b
sp; Paying employees a flat weekly salary doesn’t make them exempt from overtime. One employer just learned that lesson the expensive way—after misclassifying dozens
o
f workers. TL;DR: A Houston plumbing contractor paid 31 service technicians and apprentice helpers a salary and didn’t pay them overtime. But those workers didn’t qualify as exempt under the Fair Labor Standards Act. The Department of Labor recovered over $100K in back wages and damages. A salary alone doesn’t make someone exempt—even highly compensated employees
must meet the duties test. Salaried Workers, But No Overtime—an
d Now a Six-Figure Settlement According to a Department of Labor