Non-Exempt Employee

A non-exempt employee is a worker who receives overtime pay for hours worked beyond 40 hours per week, as required by the Fair Labor Standards Act (FLSA). These employees must be paid at least the federal minimum wage and earn time-and-a-half for overtime hours.

Non-exempt workers get overtime and minimum wage protections under federal law, and states like California and New York also require meal breaks, rest periods, and other workplace protections. Employers have to track and record all hours worked by non-exempt employees for payroll and compliance purposes.