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Confused about FLSA allowing additonal compensation to be paid to salaried exempt employees without losing exemption.

Lincolnshire, IL |

Can a salaried employee be paid a flat hourly rate for "every" hour he or she works (40, 50 & 60 hours per workweek) and still be considered a salaried exempt employee? Since the FLSA allows additonal compensation to be paid to salaried employees on a flat hourly rate basis for doing additional work, why can't an employer simply claim that all employees are salaried exempt employees and pay them on a flat hourly basis for all the hours they work? What am I not understanding? Please clarify for me. Thank you.

Attorney Answers 1


The FLSA clearly defines what exempt employees are. They're generally either fully salaried management or they're commissioned outside sales personnel. Here's a link to a web page with some good information from a New York law firm.

If you're the employer and you're not understanding FLSA, you're getting yourself into some deep problems. This is a mature federal law and there's a wealth of information out there to explain it in detail. The Illinois Department of Labor has much on its own website. Intentional (or possibly even accidental) violations of FLSA can ruin small businesses.

I hope this helps. If not, I'd suggest you speak to a live lawyer about the issues you raise.

Please be sure to mark the best answer to your question. My answers are general and do not form an attorney-client relationship. I'm happy to talk to prospective clients in my areas of concentration and geographical location.

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