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Non-exempt employees must receive at least the minimum wage for all hours worked and overtime pay. Generally, employees are considered non-exempt unless an exemption applies. Although non-exempt employees typically receive hourly pay, employers can pay them on a salary basis and pay applicable overtime.
Most employees must meet all three “tests” to be exempt. Salary level test. Employees who are paid less than $23,600 per year ($455 per week) are nonexempt. (Employees who earn more than $100,000 per year are almost certainly exempt.)
Exempt employee classifies employees who are exempt from overtime pay and the minimum wage. For an employee to be considered exempt, they must use discretion and independent judgment, at least 50 percent of the time and must earn more than $455 per week.
Employees who are classified as exempt must receive a salary of at least $684 per week by January 1, 2020. For employees reclassified as non-exempt, make sure you pay them at least the minimum wage for all hours worked and overtime whenever they work more than 40 hours in a workweek.
Under the FLEA, non-exempt employees are entitled to overtime pay, while exempt employees receive no overtime pay, regardless of how many hours they work. This sounds straightforward, but the FLEA has a number of exemptions when it comes to overtime pay and minimum wage requirements.
Exempt Employees. Under the Fair Labor Standards Act (FLEA) (and some state law equivalents), employees who are exempt from either overtime pay or both minimum wage and overtime pay because they satisfy the requirements of one or more exempt employee categories.
An exempt employee will receive overtime pay for working more than 40 hours a week. So in short, to be clear: The difference between exempt and nonexempt employees is that exempt positions are excluded from minimum wage, overtime regulations, and other rights and protections afforded nonexempt workers.
The primary difference in status between exempt and non-exempt employees is their eligibility for overtime. Under federal law, that status is determined by the Fair Labor Standards Act (FLEA). Exempt employees are not entitled to overtime, while non-exempt employees are. Their specific responsibilities and job duties.
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