Glossary term
Non-exempt employee
Worker entitled to FLSA overtime protections.
Definition
A non-exempt employee is a worker entitled to the Fair Labor Standards Act's overtime protection: 1.5× the regular rate for hours over 40 in a workweek. Non-exempt status applies to most hourly workers, but salaried employees can also be non-exempt if they fail the FLSA duties test or fall below the salary threshold. Non-exempt employees must keep accurate time records — typically through a time-clock or timekeeping app — and the employer must pay overtime even if the employee did not request authorization to work the extra hours.
Example
A salaried administrative assistant earning $40,000 may be non-exempt and owed overtime.
Related terms
- Pay period — The recurring window of time covered by a single paycheck.
- Pay frequency — How often paychecks are issued.
- Payday — The calendar day wages are deposited.
- In arrears — Wages paid after the pay period ends.
- Biweekly — Every other week — 26 paychecks per year.
- Semimonthly — Twice per month on fixed dates — 24 paychecks per year.
See also
- Pay schedule calculator — convert salary to per-paycheck amount
- Pay frequencies primer — weekly, biweekly, semimonthly, monthly
- Frequently asked questions