Non-Exempt Employee

What is a Non-Exempt Employee?

A Non-Exempt Employee is a worker who is entitled to receive overtime pay according to the Fair Labor Standards Act (FLSA). Non-exempt employees must be paid at least the federal minimum wage and receive overtime pay at one and a half times their regular rate for hours worked over 40 in a workweek.

Key Features of Non-Exempt Employees

  • Overtime Eligibility: Entitled to overtime pay for hours worked beyond 40 per week.
  • Minimum Wage: Must receive at least the federal minimum wage.
  • Timekeeping: Required to keep detailed records of hours worked.
  • Hourly Pay: Often paid on an hourly basis rather than a fixed salary.

How Do Non-Exempt Employees Work?

Non-Exempt Employees work under conditions regulated by labor laws that ensure they receive fair compensation for all hours worked. Employers must track their work hours accurately and compensate them for overtime as required by law. Non-exempt status applies to many positions, particularly those involving manual labor, clerical work, and certain service industries.

Best Practices for Managing Non-Exempt Employees

  • Accurate Timekeeping: Implement reliable systems for tracking work hours.
  • Compliance with Laws: Ensure compliance with FLSA and other labor regulations.
  • Clear Policies: Establish clear policies for overtime and work hours.
  • Regular Training: Provide training to managers and employees on timekeeping and overtime policies.


Yes, non-exempt employees can be paid a salary, but they are still entitled to overtime pay for hours worked over 40 in a workweek.

Classification depends on job duties, compensation, and compliance with FLSA criteria.

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