Under the Fair Labor Standards Act (FLSA), covered nonexempt workers are entitled to a minimum wage of not less than $7.25 per hour effective July 24, 2009. Overtime pay at a rate not less than one and one-half times the regular rate of pay is required after 40 hours of work in a workweek.
A Non-Exempt Employee differs from an Exempt Employee.
“Exempt” employees are exempt from the overtime pay provisions of the FLSA, some from both the minimum wage and overtime pay provisions and some from the child labor provisions of the FLSA. Exemptions are narrowly construed against the employer asserting them and the burden of supporting the actual application of an exemption rests on the employer.
“Non-Exempt” employees must be paid overtime anytime they work over 40 hours in an individual workweek. Although there are some exemptions to this rule, never assume your employee is exempt, and never pay a non-exempt employee a salary to avoid paying overtime wages – this is an unlawful practice.
It’s important to know who is Exempt and who is Non-Exempt, and what the exceptions to the rules are. It’s always best to contact an Experienced Employment Law Attorney whenever there is a question.