Under the FLSA, an employee is exempt from overtime pay if: Yes, all non-exempt employees must receive overtime pay for hours worked over forty (40) in a workweek at a rate not less than time and one-half their regular rates of pay.
This is true so long as the employee is free to engage in personal activities when he or she is on call. An on-call employee who is not required to remain on the employer’s premises, but is only required to notify the employer where he or she may be reached is not working while on call. Whether time spent on-call is compensable is a very fact-specific question. While all hourly employees are non-exempt, there are both exempt salaried employees and non-exempt salaried employees. Non-exempt employees are entitled to overtime pay and exempt employees are not.
However, it is actually the distinction between exempt and non-exempt employees which is relevant for timekeeping purposes. Many employers incorrectly believe that the important distinction for timekeeping purposes is between hourly and salaried employees. Hourly employees are only entitled to be paid for the hours that they actually worked.
Salaried employees are entitled to receive their full amount of base pay if they work any hours during a work period. The FLSA requires that time records show the date and time a worker’s workweek starts, the number of hours worked each day, and the total hours worked during the week.