Under the Fair Labor Standards Act, which employees are classified as non-exempt?

In the context of the Fair Labor Standards Act (FLSA), non-exempt employees are individuals who are entitled to receive minimum wage and overtime pay for hours worked over 40 in a workweek. The classification of non-exempt typically includes employees who are paid on an hourly basis, as they are often compensated for each hour worked, including any overtime.

Hourly employees are generally classified as non-exempt because they are not in positions that meet the criteria for exemptions, which typically include executive, administrative, and professional roles that involve specific duties and a certain level of responsibility. Therefore, these employees receive additional pay for hours worked beyond the standard workweek, thereby aligning them with the protections intended by the FLSA.

The other classifications, such as executive positions or those who work part-time or receive commission-based pay, do not automatically qualify as non-exempt. Executives, for instance, often fall under the exempt category due to their managerial responsibilities, while part-time status does not inherently determine exemption status. Commission-based employees can be exempt if they meet certain criteria related to their roles and earnings.