Salaried Non-Exempt

A Salaried Non-Exempt employee is paid a fixed salary but is still entitled to overtime pay for hours worked beyond the standard workweek, as defined by labor laws like the Fair Labor Standards Act (FLSA) in the U.S. Unlike exempt employees, non-exempt employees have wage and hour protections. This classification is often used for roles that require consistent scheduling and responsibilities but do not meet the criteria for exemption based on job duties or salary thresholds.

Employers must carefully track hours worked by salaried non-exempt employees to ensure compliance with labor regulations and avoid potential wage disputes. This hybrid pay structure offers the predictability of a salary while maintaining the legal protections associated with hourly work.

Key Facts

• Fixed Salary Plus Overtime: Receives a regular salary but must be paid overtime (usually 1.5x) for extra hours worked.
• Wage and Hour Protections: Covered by laws requiring accurate tracking of work hours.
• Job Duties Matter: Classification depends on the nature of job duties and salary level.
• Requires Time Tracking: Employers must record hours to calculate overtime properly.
• Less Common Than Exempt: Most salaried employees are exempt, but some fall under this classification.

1. How is salaried non-exempt different from salaried exempt?

Non-exempt employees receive overtime pay; exempt employees do not.

2. Can a salaried employee be non-exempt?

Yes, if their duties and salary meet non-exempt criteria under labor laws.

3. How is overtime calculated for salaried non-exempt?

Based on their hourly equivalent salary rate multiplied by overtime pay rate (usually 1.5x).

4. Are salaried non-exempt employees required to track hours?

Yes, employers must track their hours to ensure proper overtime pay.

5. What happens if an employer misclassifies an employee?

They risk legal penalties, back pay, and lawsuits for unpaid overtime.