Non-exempt employees are those whose pay is regulated by the federal Fair Labor Standards Act (FLSA). Non-exempt employees are not protected by the FLSA’s overtime provisions, meaning they are paid an hourly rate and do not receive overtime wages when they work more than 40 hours in a week. Non-exempt employees must be paid an hourly minimum wage as well as overtime wages for any hours that exceed 40 hours of work in a week.
The most common types of nonexempt employees include retail sales workers, receptionists, and orderlies. They are among the most common types of employees in the United States, making up more than 60% of the U.S. workforce.
Under the FLSA, nonexempt employees have several additional protections. They cannot be required to work more than 40 hours per week without receiving overtime pay, they must receive at least the minimum wage, they must be paid additional time-and-a-half wages when they work over 40 hours, and they must be given at least one rest or meal period of at least 30 minutes during their eight-hour workday.
Examples of Common Nonexempt Employees
A few examples of typical nonexempt employees include:
- Restaurant workers
- Retail and warehouse staff
- Delivery drivers
- Nursing assistants
- Fast food employees
- Construction workers
Benefits of Nonexempt Employee Status
Although nonexempt employees may not enjoy the same protections and benefits as exempt employees, there are still advantages to this employment status. Full-time nonexempt employees are eligible for vacation, health, and other benefits. In addition, nonexempt employees have the right to bargain with their employers over their pay and may be entitled to bonuses or additional pay incentives.
Protecting Your Rights as a Nonexempt Employee
If you are a nonexempt employee, it’s important to remember your rights and ensure your employer is following the law. Familiarize yourself with federal and state wage and hour laws and fair labor standards to protect yourself and your rights. You should also keep records of all hours you work and all wages you receive, as well as any overtime pay you are owed.