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Non-Exempt Employee

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Definition:

Non-exempt employees are subject to the wage and hour laws established by the Fair Labor Standards Act (FLSA), a US law that was enacted in 1938. Employees defined as such must be paid at least the minimum wage determined by the US Congress or the states in which they work, whichever is higher. Non-exempt employees must receive overtime pay at the rate of one and a half times their regular rate of pay for each hour worked above 40 hours a week.

If you are a full or part time employee of a business or organization that has annual sales of or does business of at least $500,000, and you don't fall into the category of workers known as exempt employees, you are covered by the minimum wage and overtime requirements of the FLSA. If your work includes interstate commerce or if you are a domestic worker you are also subject to these provisions, unless you are defined as exempt based on your job duties and salary.

Disclaimer: Please note that the information on this website is for guidance, ideas and assistance only. Dawn Rosenberg McKay makes every effort to offer accurate advice and information on this site. She is not, however, an attorney, and the content on the site is not to be construed as legal advice. Employment laws and regulations vary by location so check government resources or legal counsel when in doubt about your particular situation.

Alternate Spellings: non-exempt employee
Common Misspellings: nonexcempt non-excempt
Examples:
Because Arthur is a non-exempt employee, he is eligible to receive overtime pay.

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