Exempt employee overtime rules: exempt vs non-exempt
The overtime rules under the US Fair Labor Standards Act: a non-exempt employee must be paid at least the minimum wage and overtime for hours over 40 in a workweek. An exempt employee, usually a salaried executive, administrative, professional or similar worker who meets duties and salary tests, is not entitled to overtime. Job title alone does not decide it.
Example
An hourly customer support agent is non-exempt and earns overtime after 40 hours. A salaried engineering manager who meets the tests may be exempt. States can set stricter rules.
Related
See FLSA and pay transparency laws.
Related terms and guides
Sources
- U.S. Department of Labor, Wage and Hour Division, Fair Labor Standards Act, https://www.dol.gov/agencies/whd/flsa, official page, linked for readers; it blocks automated checks
- U.S. Department of Labor, Wage and Hour Division, Overtime, https://www.dol.gov/agencies/whd/overtime, official page, linked for readers; it blocks automated checks
This is general information, not legal, tax or immigration advice. Rules change and your situation may differ. Consult a licensed attorney or qualified adviser.