Employees covered by the overtime provisions of the Fair Labor Standards Act are labelled as nonexempt employees.
Non-exempt employees are covered by statutory laws and are required to be paid the minimum wage in accordance with the legislation. The requirement of 40 hours of work each week should be used to compute these benefits on an hourly basis. Most of the jobs in this category are probably not management ones.
Non-exempt employees are not exempt from overtime pay and must be paid 1.5 times their regular hourly rate when working overtime. Non-exempt employees often earn less than this amount, but not always as state-specific criteria can vary.
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