It depends on if the employee is exempt or nonexempt[1], not just if they're salary or hourly.
The majority of professional positions are exempt, salaried positions. Even in California, they'd be exempt from any overtime eligibility.
> What would happen if you had a contract stipulating 10h/day in California 3 days/week. Are the 2 extra hours per day OT?
If they're in a non-exempt position, whether salary or hourly, then they'd qualify for overtime. If salaried, California has a formula for how to calculate the hourly rate for overtime calculations[2].
Note that those 2 hours/day are particular to California, not universal to all states. California has some robust overtime laws with multiple triggers, including days >8 hours, >40 hours per work week, and > 6 consecutive days of work in a workweek. You can get a whole lot of overtime pay with far less than 40 hours of work in a week. It gets even more complex because you can't double count hours for overtime.
Many states don't have explicit overtime laws like California, and just default to the federal laws[3]. In that case, it's simply 40 hours per work week. If you work more than 40 hours per workweek, you get overtime. If you work less, then you don't get overtime. The per-day distribution of those hours are irrelevant. Again, only applicable to non-exempt employees. Exempt are still not qualified.
The majority of professional positions are exempt, salaried positions. Even in California, they'd be exempt from any overtime eligibility.
If they're in a non-exempt position, whether salary or hourly, then they'd qualify for overtime. If salaried, California has a formula for how to calculate the hourly rate for overtime calculations[2].Note that those 2 hours/day are particular to California, not universal to all states. California has some robust overtime laws with multiple triggers, including days >8 hours, >40 hours per work week, and > 6 consecutive days of work in a workweek. You can get a whole lot of overtime pay with far less than 40 hours of work in a week. It gets even more complex because you can't double count hours for overtime.
Many states don't have explicit overtime laws like California, and just default to the federal laws[3]. In that case, it's simply 40 hours per work week. If you work more than 40 hours per workweek, you get overtime. If you work less, then you don't get overtime. The per-day distribution of those hours are irrelevant. Again, only applicable to non-exempt employees. Exempt are still not qualified.
[1] https://justworks.com/blog/understand-differences-exempt-non... [2] http://www.dir.ca.gov/dlse/faq_overtime.htm [3] https://www.dol.gov/whd/overtime_pay.htm