Do salaried workers get overtime?

Dear FSB: I employ several truck drivers who make deliveries to clients and service our coffee machines and water coolers. They were hired on salary and told that they would work a 45-hour week with no overtime (though in practice they rarely work more than 40 hours). This is okay, right? -Michael Conzo, Vice President Filterfresh Coffee Services West Babylon, N.Y.

Dear Michael: Sorry, but no. Contrary to popular belief, paying an employee a weekly salary does not necessarily make him ineligible for overtime pay. The federal Fair Labor Standards Act says that the duty to pay overtime depends upon the type of work your employees do. Section 13(a)(1) of the FLSA exempts "any employee employed in a bona fide executive, administrative, or professional capacity" - you, for example - as well as your outside sales force.

Ask FSB

Get small-business intelligence from the experts. Here's a chance for YOU to ask your pressing small-business questions, and FSB editors will help you get answers from the appropriate experts.

Your name:

* Your e-mail address:

* Your city:

* Your state:
Select Outside U.S. Alabama Alaska Arizona Arkansas California Colorado Connecticut Delaware Dist. of Columbia Florida Georgia Hawaii Idaho Illinois Indiana Iowa Kansas Kentucky Louisiana Maine Maryland Massachusetts Michigan Minnesota Mississippi Missouri Montana Nebraska Nevada New Hampshire New Jersey New Mexico New York North Carolina North Dakota Ohio Oklahoma Oregon Pennsylvania Rhode Island South Carolina South Dakota Tennessee Texas Utah Vermont Virginia Washington West Virginia Wisconsin Wyoming

* Your daytime phone #:

* Your questions:

More from FSB

Help wanted for HR firm A CEO and rodeo queen King of the mountain bike

Current Issue

Congress has never precisely defined the terms "executive" or "administrative," which are subject to interpretation by the courts, but it's clear that truck drivers who don't supervise aren't covered. For the weeks in which your workers put in more than 40 hours, the law requires you to pay them overtime "at a rate not less than time and one-half their regular rates of pay."