What is a Nonexempt Employee?
What is a nonexempt employee?
A nonexempt employee is any employee who is not exempt from the overtime provisions of the Fair Labor Standards Act (FLSA). All nonexempt employees, then, are entitled to be paid at least the legal minimum wage and overtime pay for any hours they work beyond the first 40 work hours of any given week. Overtime pay is equal to 1.5 times their usual pay rate.
Nonexempt employees are not always hourly and may also be paid on a salaried or other basis. However, even in these cases, they are entitled to overtime pay for any work performed beyond their first 40 hours each week.