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Salary level test. Employees who are paid less than $23,600 per year ($455 per week) are nonexempt. (Employees who earn more than $100,000 per year are almost certainly exempt.)
With few exceptions, to be exempt an employee must (a) be paid at least $23,600 per year ($455 per week), and (b) be paid on a salary basis, and also (c) perform exempt job duties. These requirements are outlined in the FLSA Regulations (promulgated by the U.S. Department of Labor).
Examples of non-exempt employees include contractors, freelancers, interns, servers, retail associates and similar jobs. Even if non-exempt employees earn more than the federal minimum wage, they still take direction from supervisors and do not have administrative or executive positions.
If you are a non-exempt employee, your employer must pay you at least the federal minimum wage (currently $7.25 per hour in Texas and under federal law) and must pay you overtime pay at a rate of at least one and a half times your hourly pay rate for all hours worked over 40 in each workweek.
Employees who do not meet the requirements to be classified as exempt from the Minimum Wage Act are considered nonexempt. Nonexempt employees may be paid on a salary, hourly or other basis. Employees who do not qualify for an exemption but are paid on a salary basis are considered salaried nonexempt.
Then consider yourself lucky: Neither federal nor state law makes this a legal requirement. In Oklahoma, no law gives employees the right to time off to eat lunch (or another meal) or the right to take short breaks during the work day. Employees must be paid for shorter breaks they are allowed to take during the day.
"Non-exempt" means an employee who is covered by the minimum wage and overtime provisions of FLSA or is granted special non-exempt status.
Meals and BreaksOklahoma does not have any laws requiring an employer to provide a meal period or breaks to employees sixteen (16) years of age or older, thus the federal rule applies. OK Dept. of Labor Wage Law FAQ The federal rule does not require an employer to provide either a meal (lunch) period or breaks.
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.
Under Oklahoma law, employees under the age of 16 may not work more than 5 consecutive hours without a 30-minute rest period and must be permitted a 1-hour cumulative rest period for each 8 consecutive hours worked (OK Stat.