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.
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.