Salaried Non-Exempt
What is Salaried Non-Exempt?
A Salaried Non-Exempt employee is paid a fixed salary but does not meet the criteria for overtime exemption, meaning they are still legally entitled to overtime pay for hours worked beyond 40 per week.
How Salaried Non-Exempt works?
A salaried non-exempt employee receives a fixed weekly or annual salary but is not exempt from the FLSA overtime requirements — meaning they must receive overtime pay (at 1.5x their regular rate) for all hours worked above 40 in a workweek. The regular rate for a salaried non-exempt employee is calculated by dividing the weekly salary by the hours the salary is intended to compensate — with the hours basis being a critical compliance variable. Salaried non-exempt status is most common in clerical, technical, and supervisory roles where salaried pay is preferred for administrative simplicity and employee perception but where the employee's job duties do not meet the FLSA exemption criteria required to legitimately classify them as exempt from overtime.
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