Non-Exempt Employee
An employee entitled to overtime pay (1.5x regular rate) for hours worked over 40 per week under the FLSA.
A non-exempt employee is an employee who is entitled to overtime pay under the Fair Labor Standards Act (FLSA). Non-exempt employees must be paid at least the federal minimum wage for all hours worked and at least 1.5 times their regular rate of pay for all hours worked over 40 in a workweek.
Most hourly employees are non-exempt. Salaried employees earning below the FLSA salary threshold ($684/week) are also non-exempt, regardless of their job duties. Some salaried employees who earn above the threshold but do not meet the duties tests for exemption are also non-exempt.
Employers must keep accurate records of hours worked for all non-exempt employees. Allowing non-exempt employees to work "off the clock" — even voluntarily — violates the FLSA and can result in significant liability.
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