See what exempt and non-exempt mean for your pay and overtime, and where Every shows your overtime eligibility
Under the federal , most employees must be paid at least the minimum wage for all hours worked and overtime for hours over 40 in a workweek. Employees whose job duties and salary meet the tests the law sets are exempt from both.
This page explains general rules, not legal or tax advice for you. Rules change, and they depend on the state you work in. For your own situation, check with your state’s labor agency, a lawyer or a tax advisor.
A non-exempt employee is owed at least the minimum wage for all hours worked. For hours over 40 in a workweek, they’re owed overtime at no less than time and a half their regular rate of pay.A workweek is a fixed, regularly recurring 168 hours: seven consecutive 24-hour periods. It doesn’t have to match the calendar week, and hours can’t be averaged over 2 or more weeks.An employer and employee can’t agree to waive overtime. Employers must normally pay overtime earned in a workweek on the regular payday for the pay period in which it was earned.
The FLSA exempts executive, administrative, professional and outside sales employees, and certain computer employees, from minimum wage and overtime when their job duties and salary meet the Department of Labor’s tests. A job title doesn’t decide it, and a salary alone doesn’t make someone exempt.
Employers also follow any state law or city ordinance that sets a higher minimum wage or a shorter maximum workweek. In California, for example, non-exempt employees are also paid overtime for hours over 8 in a workday, and double their regular rate for hours over 12. The California Labor Commissioner explains California’s rules.The Department of Labor’s Overtime Pay page explains the federal rules, and its State Labor Offices page lists the labor agency for your state.
Under the FLSA, employers keep records for each non-exempt employee that include the hours worked each day and in each workweek. They may use any timekeeping method, including having employees write down their own times, as long as it’s complete and accurate.
Your overtime eligibility is on My profile → Job & pay, after your company finishes onboarding. Under Employment details, Eligible for overtime shows Yes, No or “No overtime policy set”. Company Admins and HR Admins choose it when they add an employee, and they can change it. Contractors don’t have it.If your company has you track your hours, you submit them on Home. Under Things to do, select Submit your timesheets (see Submit your timesheets).
Under the federal , most employees must be paid at least the minimum wage for all hours worked and overtime for hours over 40 in a workweek. Employees whose job duties and salary meet the tests the law sets are exempt from both.