Glossary > Employment Law > Wage And Hour Laws > Payroll Practices

Non-Exempt Employee

A non-exempt employee is someone who is eligible for overtime pay according to the Fair Labor Standards Act (FLSA). Non-exempt employees must be paid at least the minimum wage and are entitled to overtime pay at a rate of time and a half for hours worked beyond 40 hours in a workweek.

Example #1

Sarah works as a receptionist in a local clinic. She is considered a non-exempt employee and is paid an hourly wage. If Sarah works more than 40 hours in a week, she is entitled to overtime pay.

Example #2

John works as a warehouse associate in a distribution center. He is classified as a non-exempt employee and is paid an hourly wage. If John works 45 hours in a week, he should receive overtime pay for the additional five hours.

Misuse

Misclassifying employees as exempt when they should be non-exempt is a common misuse that can deprive workers of rightful overtime pay. This practice can lead to financial harm and exploitation of employees, undermining their rights and fair compensation.

Benefits

Being classified as a non-exempt employee ensures that workers are compensated fairly for any overtime work they perform. This classification helps protect employees from exploitation and ensures they are paid appropriately for their time and effort.

Conclusion

Ensuring that employees are correctly classified as non-exempt is crucial in upholding fair labor practices and protecting workers' rights to receive fair compensation for their work.