How the subcontractor charges the contractor and how much they charge is irrelevant: all that matters is whether, based on how he is paid, your husband is exempt from overtime or not. Being paid a salary is *part* of being exampt, but it's not the whole story--there are salaried employees who are not exempt and who get extra pay when working more than 40 hours in a week. To be exempt, not only must you be paid on a salaried basis, but you also must meet one or more of the "tests" for exemption. These tests are based upon your job duties, and you can find them on the U.S. Dept. of Labor website. Look them up, especially the "executive" (which really should be "manager"), professional, and administrative employee tests and compare them to what your husband does. If he does not meet one or more tests, he maay be owed overtime when he works more than 40 hours in a week, and may have the basis for either a wage-and-hour claim made to the state or federal department of labor, or a lawsuit for unpaid overtime.