Worker classification is critical. After you’ve narrowed down whether a worker is anindependent contractor vs. employee，你没有完成。如果员工是非豁免，你也需要弄清楚。什么是一个非豁免员工？
When an employee has nonexempt status, the Fair Labor Standards Act’s (FLSA) minimum wage andovertime lawscome into play.
If you want to avoid FLSA penalties, you must understand nonexempt employee rules.
什么是一个非豁免员工？
具有非豁免工作人员身份的员工不免除FLSA规定。这意味着非豁免员工须遵守最低工资和加班费法律。非豁免员工至少有权至少赚取联邦，州或地方最低工资 - 以达到最高的人。而且，雇主必须支付非豁免员工加班费，任何工作周内超过40的工作时间。
一个员工可以exempt vs. nonexempt。If the employee is exempt, you do not owe them overtime wages.
How do you know if an employee is nonexempt?
TheFair Labor Standards Act设置帮助您准确地将员工视为豁免或非豁免的要求。
除非他们遇到，否则员工被认为是非豁免all threeof the following requirements:
- Earns a salary
- Makes at least $35,568 (2020)
- Has high-level job responsibilities that qualify for exemption
Types of wages
诺耐克斯玻璃empt employees can either earn hourly or salary wages.
Don’t fall into the trap of thinking that salaried employees are automatically exempt from overtime pay. Although it’s true that all exempt employees earn salaries, not all nonexempt employees earn hourly wages.
In many cases, nonexempt employees earn hourly wages. But, you can also have a nonexempt salaried employee.
If your employee earns a salary, check to see if they meet the other two FLSA qualifications before categorizing them as exempt.
Salary threshold
Employees who earn below the FLSA salary threshold are nonexempt. In 2019, the U.S. Department of Labor offered a new proposal to change the salary threshold from $23,660 ($455 per week) to $35,568 ($684 per week). TheDOL new overtime rule在2020年1月生效。
Job responsibilities
If an employee does not have job duties that are considered executive, administrative, or professional, they are nonexempt.
Employees with executive job duties supervise at least two employees as a major part of their position. And, an employee with executive job duties can hire or fire employees.
Administrative job duties include responsibilities that support the business’s general business activities. Also, the employee’s primary duty requires them to use independent judgment.
Employees who have professional job duties perform work using a high level of skill and knowledge. The advanced knowledge must be in a field of science or learning. Typically, an employee must take courses to gain advanced knowledge.
A closer look at nonexempt employee rights
诺耐克斯玻璃empt employees have a right to earn at least the minimum wage and overtime pay. Read on to learn more about your obligations for both.
最低工资
You must provide at least the minimum wage to nonexempt employees. The current federal minimum wage is $7.25 per hour.
Many states set their own minimum wage rate. And, some cities create alocal minimum wage。将员工支付最高的最低工资，适用于您的地方。
Overtime pay
诺耐克斯玻璃empt employees are entitled to overtime pay. Overtime wages are 1.5 times an employee’s regular hourly wage.
You must provide overtime wages when a nonexempt employee works more than 40 hours in a workweek.
诺耐克斯玻璃empt status examples
Take a look at the examples below. Before looking at the answers, try to figure out whether the employee is nonexempt.
Example 1
Let’s say you hire an employee to work as a technician.
员工没有其他员工的权威。而且，他们不使用独立判断。员工也不需要先进的知识来执行他们的工作。
员工获得薪水。
您每年支付员工38,000美元。
Is the employee considered nonexempt?是的
Example 2
您雇用员工每周工作20小时作为接待员。
员工的工作职责包括接听电话和将呼叫者转移到正确的部门。
The employee earns hourly wages.
You pay the employee $240 per week.
Is the employee considered nonexempt?是的
Example 3
You hire an IT technician for your business.
技术人员在他们的领域拥有先进的知识。他们通过课程获得知识。
The IT technician earns a salary.
You pay the IT technician $55,000 per year.
Is the employee considered nonexempt?不
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This article has been updated from its original publication date of 03/16/2012.
This is not intended as legal advice; for more information, please点击这里。