Exempt/Non-exempt and pay

A Texas religious company policy manual states a regular work week is 35 hours. As it stands employees were paid on a salaried basis, but there is no recorded record if they are exempt or non-exempt, however if a company pays employees for time and a half for hours worked over 40 are they required to pay the hours between 35 and 40 at their regular hour time? If so, can one assume that they were non-exempted salaried based on the fact they paid for hours over 40. Also, are there any specific laws you can point me to.


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