Skip to content
invoices

The Temp Staffing Glossary

Understanding Key Terms

Back to the list

Non-Exempt Employee

What is a Non-Exempt Employee?

A non-exempt employee is one who is entitled to overtime pay under the Fair Labor Standards Act (FLSA) for hours worked beyond the standard 40 hours per week. Non-exempt employees are typically paid hourly, and their compensation must comply with minimum wage and overtime laws.

Why it's Important

Understanding the classification of non-exempt employees is crucial for businesses to remain compliant with labor laws. It ensures that workers are paid fairly for overtime and prevents costly legal issues related to wage violations.

Non-Exempt Employees in Practice

For example, a temporary worker who exceeds 40 hours in a workweek is entitled to overtime pay at a rate of 1.5 times their regular hourly wage if they are classified as non-exempt.

Benefits of Non-Exempt Employees for Temporary Staffing Settings

  • Legal Compliance: Helps businesses comply with FLSA and avoid legal penalties.
  • Fair Compensation: Ensures employees are paid fairly for extra work beyond standard hours.
  • Clear Classification: Provides clarity on pay expectations for both employers and workers.

Best Practices for Managing Non-Exempt Employees

  • Accurate Time Tracking: Use systems to track hours worked to ensure compliance with overtime laws.
  • Clear Communication: Clearly communicate expectations regarding overtime and pay rates to non-exempt employees.
  • Monitor Overtime: Avoid overworking non-exempt employees to manage costs and prevent burnout.