GUIDE深度 · Deep dive

Exempt vs Non-Exempt Employees

Exempt employees are generally not owed overtime; non-exempt employees are. Exemption is not about the job title but the salary threshold and duties test, and state rules can be stricter.

更新 2026-10-30 · 公式可核验

Salary threshold

FLSA requires a minimum weekly or annual salary; below it, the employee is usually non-exempt.

States may set a higher threshold; the stricter rule applies.

Duties test

Executive, administrative and professional exemptions each have duties requirements; a manager title alone is not enough.

Non-exempt employees generally get 1.5 times overtime over 40 hours a week, and the employer must track hours.

FAQ

Does a salary mean no overtime?

No; non-exempt employees can be owed overtime even on a salary.

Can an employee waive overtime?

Generally no; FLSA rights cannot be waived privately.

Sources

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