A non-exempt employee is covered by FLSA overtime provisions, meaning they must receive at least 1.5x their regular rate for hours worked beyond 40 in a workweek. Most hourly workers are non-exempt. Some salaried workers earning below the $35,568 threshold are also non-exempt. Employers must track non-exempt employees' hours accurately — failure to pay proper overtime is one of the most common wage and hour violations.
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