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Hourly and "hourly-type" employees (who do not fit the definitions of Executive, Administrative
or Professional), even though they may receive a salary,
generally are entitled to overtime. Some examples of "hourly-type"
employees include office clerical workers, landscape laborers,
fast-food employees, health care workers not meeting the regulatory
definition of "professional" (including most categories
of nurses in non-state facilities), dishwashers, construction
and factory workers, day care workers, maintenance workers, etc.
Where such employees receive a salary, as mentioned above, employers
must mathematically compute the average hourly wage rate by dividing
hours into salary in order to determine the amount of overtime
compensation to be paid at the rate of time and one-half.
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