Users' questions

Can an hourly employee be non exempt?

Can an hourly employee be non exempt?

Hourly: An individual who receives an hourly wage for work performed. Generally, such individuals, because of the method of payment, are classified as nonexempt and are subject to the overtime provisions of the FLSA.

Is non exempt the same as hourly?

Nonexempt employees are often thought of as hourly employees; however, there is no requirement that they be paid on an hourly basis.

What does non exempt hourly position mean?

Nonexempt employees are workers who are entitled to earn the federal minimum wage and qualify for overtime pay, which is calculated as one-and-a-half times their hourly rate for every hour they work above and beyond a standard 40-hour workweek.

What makes a position exempt vs non exempt?

An exempt employee is not entitled overtime pay by the Fair Labor Standards Act (FLSA). These “salaried” employees receive the same amount of pay per pay period, even if they put in overtime hours. A nonexempt employee is eligible to be paid overtime for work in excess of 40 hours per week, per federal guidelines.

How many hours are non exempt employees entitled to?

Non-exempt employees are entitled to overtime under the Act. The FLSA mandates that employers pay at least the minimum wage (the higher wage between the state and the federal minimum) for up to 40 hours per week.

Can you pay an exempt employee on a part time basis?

The employer should reclassify him as non-exempt and in this regard, must ensure that minimum wage and overtime obligations are satisfied (although it is unlikely he would work more than 40 hours per week as a part-time employee). As a non-exempt employee, the employee must keep accurate records of hours worked too.

What’s the minimum wage for a non exempt employee?

Employees must be paid the higher of the federal minimum wage (which is $7.25 as of 2017) or the state minimum wage – many of which are higher than the federal rate. Employers should always be careful to not mistakenly treat exempt employees as non-exempt employees as the Department of Labor often investigates claims of this nature.

Do you get paid overtime as a non exempt employee?

Hourly employees, as well as those who do not make the minimum salary noted above, usually must be classified as non-exempt. These employees are required to be paid overtime. These employees are required to be paid overtime.

Who is considered a non exempt employee?

Non-exempt employees are typically laborers, and considered to be blue-collar workers. The FLSA also determines certain employment laws and employment rights, such as the lowest amount of money that employers can legally pay their employees.

Should a nonexempt employee be salaried?

Employers have the option of paying a nonexempt employee on a salaried basis rather than on an hourly basis. They may choose to do so for a variety of reasons, not the least of which is it may simplify payroll administration if no overtime hours are worked (more on that in a moment). It could also make it easier to estimate monthly labor costs.

Do non exempt employees get overtime?

Non-exempt employees are not exempt from overtime—that is, they are eligible to receive overtime when they work more than 40 hours in a week.

Can a non-exempt employee get comp time?

Nonexempt employees are most frequently covered by the regulations of the Fair Labor Standards Act (FLSA) for overtime pay and so they are ineligible for comp time. They cannot qualify for comp time because, under these regulations, they must be paid overtime for every hour worked in excess of their normal 40-hour workweek.