Salaried Non-Exempt

What is Salaried Non-Exempt?

A salaried non-exempt employee is paid a set salary each pay period but does not meet the criteria for overtime exemption under the Fair Labor Standards Act. This means the employee must still receive overtime compensation, typically at one and a half times their regular rate, for any hours worked beyond 40 in a workweek.

Why Salaried Non-Exempt Matters

This classification often applies to roles that receive a salary for convenience or consistency but do not satisfy the duties tests required for exempt status, such as certain administrative support, technical, or paraprofessional positions.

Employers must track the working hours of salaried non-exempt employees just as they would for hourly staff. Failure to pay required overtime can result in wage and hour violations, back pay claims, and penalties from the Department of Labor.