Talent Sourcing

How Many Hours Can a Non-Exempt Employee Work?

Published on June 4th, 2023

As a recruiter or hiring manager, one of your responsibilities is to ensure that your organization is compliant with labor laws. In the United States, the Fair Labor Standards Act (FLSA) governs the minimum wage, overtime pay, and hours worked for non-exempt employees. One of the most crucial aspects of FLSA compliance is ensuring that your non-exempt employees do not work more than a certain number of hours per week. In this blog post, we’ll explore how many hours a non-exempt employee can work and what you can do to prevent overtime violations.

The FLSA mandates that non-exempt employees must receive overtime pay for any hours worked over 40 in a workweek. A workweek can be any seven consecutive calendar days, as defined by your organization. It’s important to note that overtime pay must be at a rate of one-and-a-half times the employee’s regular rate of pay. For example, if an employee’s regular rate of pay is $10 per hour, their overtime rate would be $15 per hour.

While non-exempt employees can work more than 40 hours in a workweek, it’s critical to ensure that they are being compensated accordingly. Failure to pay overtime can result in legal action against your organization. Additionally, it’s essential to note that some states have more stringent overtime regulations than the FLSA. Always consult your state’s labor laws to ensure compliance with local regulations.

An easy way to prevent overtime violations is to monitor and regulate employees’ work schedules carefully. You can do this by setting clear expectations of how many hours an employee is allowed to work in a workweek and enforcing those expectations. Communication is key - if an employee is approaching their maximum number of hours, make sure to let them know and adjust their schedule accordingly.

In some cases, overtime may be necessary due to business needs. If this is the case, it’s important to obtain written consent from the employee acknowledging that they will be working overtime and will be receiving overtime pay. This protects your organization from potential legal action and ensures that the employee is aware of their rights.

Another solution to prevent overtime violations is by exploring alternative work arrangements. For example, you can implement a flexible work schedule, such as a compressed workweek, or telecommuting. This allows employees to adjust their schedules to fit their needs, reducing the risk of overtime violations.

Why EasySource?

EasySource revolutionizes talent sourcing for recruiters, offering the world's first fully automated tool designed specifically for finding non-exempt employees. By harnessing the power of AI, EasySource streamlines the process of building a strong talent pipeline with just a few clicks. Its advanced filters, including location, skills, education, experience, and US work authorization, make it incredibly easy to identify relevant candidates.

Moreover, EasySource goes beyond traditional sourcing tools by integrating ChatGPT and Generative AI. This unique combination empowers recruiters to send highly personalized messages to candidates across various platforms, all with the convenience of automation.

With EasySource, recruiters can enhance their LinkedIn searches and effortlessly discover and engage with potential non-exempt candidates. Gone are the days of sifting through countless resumes; EasySource takes care of the tedious work, allowing recruiters to focus on identifying that exceptional talent.


In conclusion, non-exempt employees can work more than 40 hours per week but must receive overtime pay for any additional hours worked. As a recruiter or hiring manager, it’s crucial to ensure that your organization is compliant with FLSA regulations to prevent legal action and protect your employees’ rights. To prevent overtime violations, regulate work schedules, communicate clear expectations, obtain written consent for overtime, and explore alternative work arrangements. By taking these steps, you can create a fair and compliant work environment for your non-exempt employees.



Radhika Sarraf

Radhika Sarraf is a content specialist and a woman of many passions who currently works at HireQuotient, a leading recruitment SaaS company. She is a versatile writer with experience in creating compelling articles, blogs, social media posts, and marketing collaterals.

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