Definitions for "Nonexempt Employees"
Nonexempt employees are in positions that are classified as eligible for overtime pay and whose pay must meet the minimum wage guidelines and overtime pay requirements as defined by the Fair Labor Standards Act of 1938.
Employees who are not exempt under the Fair Labor Standards Act and are eligible to receive overtime pay or compensatory time for hours worked in excess of 40 hours per week.
Nonexempt employees are generally entitled to be paid overtime (time- and- a- half of their regular rate of pay for all hours they work over 40 in one workweek). The law basically uses two tests to determine if an employee is nonexempt - salary AND duties (you must meet both tests). Generally, if you get paid by the hour, you are nonexempt. However, even if you get paid a salary you may still be entitled to overtime because even someone on salary still has to do exempt duties or else they are entitled to overtime. See " Are You Exempt" for more detail on this issue.