Exempt vs. nonexempt employees: How your status affects you

It pays to know where you stand.

Written byNancy Ashburn

Fact-checked byDavid Schepp

Photo illustration of a tired woman at her computer and a punch clock.

Are you working overtime?

If you are an office, retail, or blue-collar worker, you may have heard the terms “exempt” and “nonexempt” in discussions about job status. These classifications, which are defined by the Fair Labor Standards Act (FLSA), determine whether you’re eligible for overtime pay:

Exempt workers receive a salary that’s not tied to the number of hours they work in a week.
Nonexempt employees are paid 1½ times their hourly wage for all hours worked over 40 in one week.

Both employees and employers must know the distinction between exempt and nonexempt to ensure workers are paid fairly and labor laws are followed.

Key Points

Nonexempt (hourly and salary) workers must track their time to ensure they are paid properly.
Exempt workers are expected to complete a specific job for a set salary; they might need to work weekends or evenings without receiving extra pay or time off.
Nonexempt employees must be paid for all hours they work, including time spent answering emails or taking calls outside normal business hours.

Nonexempt employees

Nonexempt positions include blue-collar workers, bookkeepers, secretaries, police officers, firefighters, paramedics, and other first responders. Under the Fair Labor Standards Act, nonexempt employees are entitled to 1½ times their regular pay for any hours worked beyond 40 a week.

Even if an employer has a regular workweek of 37½ hours, or some other standard, hours up to 40 are paid at the regular rate. The overtime rate applies to hours worked beyond 40. Employers may require work on holidays or weekends, and no overtime is due as long as the total number of hours worked in a given week is less than 40.

As a nonexempt employee, you must record your work hours. Whenever you are required to be at work, it’s considered work time even if there’s not much to do. For example, if you must remain at your desk waiting for customers, those hours count as work time, even if you’re watching videos on your phone.

Work time includes:

Breaks
Tasks done at home or remotely
Work done over lunch
Coming in early or staying late
Phone calls, emails, or texts answered while away from the job site
Training
Travel time if doing work while traveling, picking up items off-site, or transporting items or people for work-related purposes

Companies can face significant legal and financial penalties for failing to pay overtime correctly, so it’s important to track your time. You might be asked to “clock in” at your workplace, or record your hours using an app on your smartphone or software on your computer.

FDR and the FLSA

The Fair Labor Standards Act was championed by Franklin D. Roosevelt as part of his New Deal to combat the Great Depression. It became law in 1938 and established key labor standards such as the 40-hour workweek, minimum wage, and overtime pay to ensure fair treatment of the nation’s workers.

Be sure to log all the time you work, including evenings and weekends—and let your boss know when you’re working outside traditional business hours.

If you’re asked to work without logging your time, bring the matter to the attention of your supervisor or human resources department. Employers can offer time off to prevent your regular working hours from exceeding 40 a week, but it must be granted and taken within the same week.

Exempt employees

Exempt employees have no rights under the Fair Labor Standards Act overtime rules. If you’re exempt, you may have to work a specific schedule set by your employer, or work extra hours for no additional pay. Exempt employees are expected to complete assigned tasks, regardless of the hours required, and may be asked to respond to emails or texts outside of regular work hours.

2024 FLSA changes struck down by federal court

Although the FLSA was amended in 2024 to increase the minimum annual wage for salaried workers beginning July 1, 2024, with additional wage increases starting January 1, 2025, the amendment was voided by a federal court on November 15, 2024. The minimum annual wage for exempt employees remains at $35,568, set in 2019.

To be classified as an exempt worker, you must pass the salary and duties tests:

Salary test: If you make less than $35,568, you cannot be classified as an exempt worker.
Duties test: An exempt employee falls into one of three categories with specific requirements: executive, professional, or administrative. Administrative workers must be able to act independently on important business matters to be classified as exempt.

If you’re in the job market, research a company’s culture and its expectations for overtime work and after-hours availability. How do the demands of the job align with your values? Considering this in advance could help you avoid a situation you might later regret.

How to compute your hourly wage if you earn a salary

If you are a nonexempt employee whose pay is expressed as an annual salary, you can calculate any overtime pay based on your hourly wage. To find your hourly rate, divide your annual salary by 52 (the number of weeks in the year), then divide that number by the hours you are required to work each week (typically 35 to 40) to get your hourly wage. For example, if your annual salary is $40,000 and you work 40 hours a week, your hourly wage is $19.23:

$40,000 salary ÷ 52 weeks ÷ 40 hours = $19.23 an hour

Depending on your employer, your hourly rate may be included in your online profile in the company’s payroll software program or on your pay stub.

The bottom line

Understanding your status under the Fair Labor Standards Act can help ensure you’re paid fairly. If you are a nonexempt worker, log your hours accurately and check your pay stub to make sure you are paid any overtime. If you’re classified as exempt, verify that your role meets the category’s criteria and that your salary meets or exceeds the revised threshold.

Salaried workers who earn less than the FLSA threshold, including those early in their careers, are eligible for overtime. If you’re among them, tracking your time is essential. Be sure to log your work hours when checking email on weekends, attending a conference, or working late. All work time must be recorded to comply with FLSA regulations, even if you’re working outside regular hours to demonstrate dedication to your job or employer.

This article was most recently revised and updated by Nancy AshburnThis article was most recently revised and updated by David Schepp