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Exempt employees are typically salaried employees, seasonal workers, and those who earn more than a certain amount each year. Also, some jobs are considered "exempt" by definition, including the following: Railroads and certain airline employees. Taxi drivers.
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.
Employees Not Entitled to Overtime PayThose not covered by FLSA are known as exempt employees. These exemptions also apply in Texas. So if you're paid an annual salary and earning more than a certain amount set by law, you are considered "exempt" and not covered by the FLSA.
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.
Federal overtime laws and Texas overtime laws stipulate that salaried workers must be paid overtime pay for any hours worked beyond 40 in a work week. Salaried employees are exempt from overtime pay requirements only if two specific conditions are met: The employee's salary exceeds $455 per workweek.
Exempt or Nonexempt.Employees whose jobs are governed by the FLSA are either "exempt" or "nonexempt." Nonexempt employees are entitled to overtime pay. Exempt employees are not.
Whether employees are exempt or non-exempt depends on the type of work they do, how they are paid, and how much they are paid. It is not determined by job titles or formal labels. Non-exempt employees in Houston, TX, must be paid overtime pay, whereas exempt employees are not eligible for overtime pay.
Exempt employees must be paid on a salary basis, as discussed above. Nonexempt employees may be paid on a salary basis for a fixed number of hours or under the fluctuating workweek method. Salaried nonexempt employees must still receive overtime in accordance with federal and state laws.
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 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.