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An exempt employee is not entitled overtime pay by the Fair Labor Standards Act (FLSA). These salaried employees receive the same amount of pay per pay period, even if they put in overtime hours. A nonexempt employee is eligible to be paid overtime for work in excess of 40 hours per week, per federal guidelines.
The FLSA includes these job categories as exempt: professional, administrative, executive, outside sales, and computer-related. The details vary by state, but if an employee falls in the above categories, is salaried, and earns a minimum of $684 per week or $35,568 annually, then they are considered exempt.
What does non-exempt mean? If employees are non-exempt, it means they are entitled to minimum wage and overtime pay when they work more than 40 hours per week.
An exempt employee is an employee who does not receive overtime pay or qualify for minimum wage. Exempt employees are paid a salary rather than by the hour, and their work is executive or professional in nature.
Because the statutory language states that the minimum wage will be adjusted annually for inflation and there was no inflation in 2020, the minimum wage will remain at $10.34 in the calendar year 2022. By law, Alaska's minimum wage must remain at least $1 per hour over the federal minimum wage.
Exempt (Salaried) Employees. As part of the FLSA, exempt employees are those individuals who are not subject to receive overtime pay. To qualify for exempt status, the employee must meet the salary minimum and the position must pass the Department of Labor (DOL) Job Duties Test.
Key Takeaways. An exempt employee is an employee who does not receive overtime pay or qualify for minimum wage. Exempt employees are paid a salary rather than by the hour, and their work is executive or professional in nature.
Nonexempt: An individual who is not exempt from the overtime provisions of the FLSA and is therefore entitled to overtime pay for all hours worked beyond 40 in a workweek (as well as any state overtime provisions). Nonexempt employees may be paid on a salary, hourly or other basis.
Individuals employed in a bona fide administrative, executive, and professional capacity who pass the duties tests are exempt from the overtime provisions of the law (AK Stat. Sec. 23.10.