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Non-Exempt Employee

Non-Exempt Employee paystub meaning: A worker who IS eligible for overtime pay (time-and-a-half over 40 hours/week). Learn where it appears and how it...

A worker who IS eligible for overtime pay (time-and-a-half over 40 hours/week).

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.

Payroll and labor-law terms can vary by jurisdiction and by the facts of a particular job. This definition is an orientation, not legal advice; current federal, state, local, union, and employer rules may all matter.

When this term appears on a statement, read its label, current amount, year-to-date amount, pay-period context, and any adjacent rate or hours together. Resolve a mismatch with the original issuer or the cited authority rather than changing a record to force a preferred result.

Related terms

  • Exempt Employee — A salaried worker not eligible for overtime pay under FLSA (must meet salary and duties tests).
  • Overtime Pay (OT) — Pay of at least 1.5x your regular rate for hours over 40 in a workweek - and the regular rate is often higher than your base rate.
  • Fair Labor Standards Act (FLSA) — The federal wage law behind the $7.25 minimum, the 1.5x overtime rule past 40 hours, and the exempt or non-exempt label on your stub.
  • Hourly Rate — The dollars-per-hour figure your regular hours are multiplied by - which is not always the rate your overtime has to be based on.