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Non-Exempt - A type of job status protected by the Fair Labor Standards Act (FLSA) ensuring that employees receive at least the minimum hourly wage and overtime pay for hours worked over 40 hours per week. Typical non-exempt positions are maintenance, clerical, service, technical and para- professional employees.
Non exempt employees are workers who are entitled to earn at least the federal minimum wage and qualify for overtime pay, which is calculated as one-and-a-half times their hourly rate for every hour they work above and beyond a standard 40-hour workweek.
To qualify for exemption, employees must meet the following three tests: Minimum wage requirements of $35,568 per year (or $684 per week). Paid on a consistent salaried basis. Performs specific job duties.
So, how does one decide if an employee is exempt vs. non exempt? Pay rate, job duties and responsibilities are all key factors in determining if an employee is exempt or non-exempt, not the type of clothes they wear or their work environment.
The primary difference in status between exempt and non-exempt employees is their eligibility for overtime. Under federal law, that status is determined by the Fair Labor Standards Act (FLSA). Exempt employees are not entitled to overtime, while non-exempt employees are.