Non-Exempt Employee

A non-exempt employee is an employee who is not exempt from the Fair Labor Standards Act (FLSA). This means that they are entitled to a minimum wage and overtime pay. Non-exempt employees are also entitled to other benefits, such as paid sick leave and vacation days.

The FLSA defines an exempt employee as an employee who is paid a salary of at least $455 per week and who meets one of the following criteria:

* Their job duties are primarily executive, administrative, or professional.
* They are a salesperson.
* They are a computer employee.
* They are a highly compensated employee.

If an employee does not meet any of these criteria, they are considered to be a non-exempt employee.

There are a few key differences between exempt and non-exempt employees. First, exempt employees are not entitled to overtime pay. This means that they can work more than 40 hours per week without being paid any additional compensation. Non-exempt employees, on the other hand, are entitled to overtime pay for any hours worked over 40 per week.

Second, exempt employees are not entitled to the same minimum wage as non-exempt employees. The federal minimum wage is $7.25 per hour, but exempt employees can be paid less than this amount. However, some states have higher minimum wages, and employers must pay the higher state minimum wage if it is greater than the federal minimum wage.

Third, exempt employees are not entitled to the same benefits as non-exempt employees. Non-exempt employees are entitled to paid sick leave and vacation days, but exempt employees are not. However, some employers may offer paid sick leave and vacation days to their exempt employees as a matter of policy.

It is important to note that the FLSA is a federal law, and states can have their own laws that are more generous to employees. For example, some states require employers to pay overtime to all employees, regardless of whether they are exempt or non-exempt. Additionally, some states have higher minimum wages than the federal minimum wage.

If you are an employee, it is important to know whether you are considered to be an exempt or non-exempt employee. This will determine your rights under the FLSA and your state's labor laws.