Exempt / non-exempt

Exempt and non-exempt are US Fair Labor Standards Act labels that determine whether a worker must receive federal minimum wage and overtime protections. Job title alone does not decide the answer.

Exempt and non-exempt are US Fair Labor Standards Act labels that determine whether a worker must receive federal minimum wage and overtime protections.

Most non-exempt employees are entitled to at least the federal minimum wage for all hours worked and overtime at time and a half after 40 hours in a workweek. To be exempt, an employee generally must meet the salary-basis, salary-level, and duties tests set by Department of Labor regulations. Job title alone does not decide the answer.

This is a US classification frame. The UK, Canada, and Australia do not use exempt and non-exempt as their default labour-law labels.

Related: Federal minimum wage, Overtime.

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