It is an extremely common misconception that how an employee is compensated dictates whether or not they need to be paid overtime. The requirement for overtime pay (at the federal level) is that any "non-exempt" employee needs to be paid 1.5 x their normal rate for any time over 40 hours worked in one week. Local laws can be even more restrictive than the federal statute (e.g. the number of hours may be lower or the time frame shorter) but never less restrictive as the Feds set the minimum requirements.
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