Worker classification is critical. After you’ve narrowed down whether a worker is anindependent contractor vs. employee，您还没有完成。您还需要弄清楚员工是否不超空。什么是非雇员？
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.
什么是非雇员？
具有非自动工人身份的员工不受FLSA法规的豁免。这意味着非雇员受到最低工资和加班费法律的约束。非雇员有权至少赚取联邦，州或地方最低工资，这是最高的。而且，雇主必须在工作周中工作40个小时内支付非雇员的加班费。
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设置要求，可帮助您准确地将员工归类为免税或不发行。
除非雇员见面，否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新加班规则于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 $7.25 per hour.
Many states set their own minimum wage rate. And, some cities create alocal minimum wage。向员工支付适用于您所在地的最高最低工资。
Overtime pay
诺耐克斯玻璃empt employees are entitled to overtime pay. Overtime wages are 1.5 times an employee’s regular hourly wage.
You must provide overtime wages when a nonexempt employee works more than 40 hours in a workweek.
诺耐克斯玻璃empt status examples
Take a look at the examples below. Before looking at the answers, try to figure out whether the employee is nonexempt.
Example 1
Let’s say you hire an employee to work as a technician.
员工没有其他员工的权力。而且，他们不使用独立的判断。员工也不需要高级知识来履行工作。
员工赚取薪水。
您每年向员工支付$ 38,000。
Is the employee considered nonexempt?是的
Example 2
您雇用员工每周工作20个小时作为接待员。
员工的工作职责包括接听电话并将呼叫者转移到正确的部门。
员工每小时工资。
You pay the employee $240 per week.
Is the employee considered nonexempt?是的
Example 3
You hire an IT technician for your business.
该技术人员在其领域拥有高级知识。他们通过参加课程获得了知识。
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。