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Non-Exempt Employee

Under the FLSA, non exempt employees are entitled to overtime pay when their hours of work exceed forty hours per week or eight hours in one day.3 Depending on the state or federal regulation, this overtime rate may be 1.5 or double the workers regular hourly rate. Non exempt employees who work more than double their regular working hours must be compensated at the double rate.4

The FLSA also requires employers to provide non exempt employees with a minimum wage of at least $7.25 an hour. The FLSA also provides specific overtime pay requirements for those who work in certain industries, such as home health care, hospitals, and factories. 5

Non exempt employees must be paid for all of their hours worked, including any time spent on call, while traveling, on breaks and while attending meetings, seminars, or training sessions. An employer may also be responsible for time spent travelling to job sites if it is necessary for a particular employee.6

Employers must maintain accurate records of the hours worked by their non exempt employees. These records typically include the names of the employees and the exact hours they worked each day.7 Employers must also maintain records of any overtime pay owed to their non exempt employees and must pay the overtime within the established pay period.

Non exempt employees are also entitled to the usual benefits such as health, dental, and retirement plans that may be offered by the company.8 This entitlement does not extend to those who are classified as independent contractors. The employer must also comply with all applicable laws and regulations when it comes to the employee’s working environment, including providing a safe work space and adequate ventilation.

Overall, non exempt employee status is a designation created to ensure that employees are paid properly for their hours worked, given certain rights and benefits, and that the employer follows all applicable laws. By following the laws regarding non exempt employees and their entitlements, employers can create a positive working environment that is beneficial to both the employee and the employer.

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