Yes, in some circumstances. An employee can be paid on a salary basis and still be non-exempt. This means that they are entitled to overtime pay for all hours worked after eight hours in a day and after 40 hours in a workweek in California. If an employee is truly exempt from overtime they will not be entitled to overtime pay. There are several complex tests in order to determine employee status as to whether they are exempt or non-exempt form overtime pay. You should consult with your attorney.
