Talent Sourcing

What is a Non-Exempt Salaried Employee?

Published on June 6th, 2023


As a hiring manager or recruiter, it is crucial to understand the different types of employment classifications. One classification that often causes confusion is the non-exempt salaried employee. In this blog post, we will dive into what a non-exempt salaried employee is, how they differ from exempt employees, and the laws that govern their wages and hours.

To begin, a non-exempt salaried employee is an employee who is paid a salary, typically on a biweekly or monthly basis, but is still eligible for overtime pay. This means that if the employee works more than 40 hours in a week, they are entitled to additional pay at a rate of one and a half times their regular hourly rate. It is important to note that just because an employee is paid a salary, it does not automatically make them exempt from overtime pay.

On the other hand, exempt employees, also known as salaried exempt employees, are not eligible for overtime pay. This means they can be required to work more than 40 hours in a week without any additional compensation. Exempt employees typically have a higher level of responsibility and authority within the company, such as executives, managers, and professionals who perform advanced and complex work.

Non-exempt salaried employees, on the other hand, are usually lower in the company hierarchy and do not have as much decision-making power. An example of a non-exempt salaried employee would be an administrative assistant who is paid a salary but is still eligible for overtime pay. This is because the job does not meet the qualifications for an exempt status.

Employers need to be cautious when determining whether an employee is exempt or non-exempt. Misclassifying an employee can lead to legal consequences and hefty fines. The Fair Labor Standards Act (FLSA) mandates that non-exempt employees must receive overtime pay for all hours worked over 40 in a week.

Additionally, some states have regulations that supersede the FLSA. For example, in California, non-exempt employees who work more than eight hours in a day or 40 hours in a week must receive overtime pay at one and a half times their regular hourly rate. Some states also have higher minimum wage requirements than the federal government. It is essential to research the laws in your state to ensure that you are in compliance.

Discover non-exempt Employees with EasySource

EasySource revolutionizes the talent-sourcing process for recruiters by introducing the world's first fully automated tool. This innovative solution streamlines the search for non-exempt employees by effortlessly establishing a robust talent pipeline in just a few simple clicks. EasySource incorporates cutting-edge AI-based filters, including location, skills, education, experience, and US work authorization, making it incredibly convenient to identify relevant candidates.

Furthermore, EasySource is equipped with advanced features such as ChatGPT and Generative AI, empowering recruiters to send personalized messages to candidates across various platforms effortlessly. The automation capabilities of EasySource ensure efficient and tailored communication, saving recruiters the hassle of manually sifting through countless resumes to discover exceptional talent.

In essence, EasySource enhances a recruiter's LinkedIn search by magnifying their ability to find and engage with potential non-exempt candidates. With EasySource, the process becomes seamless, enabling recruiters to focus on connecting with outstanding individuals rather than getting lost in the overwhelming task of resume evaluation.


In conclusion, non-exempt salaried employees are an important and often misunderstood classification of employee. It is essential to understand the differences between non-exempt and exempt status to ensure compliance with all applicable laws. As a hiring manager or recruiter, it is your responsibility to ensure that you classify employees accurately and pay them accordingly. Misclassification can lead to legal issues, such as audits, investigations, and class-action lawsuits. By understanding the laws and regulations surrounding non-exempt salaried employees, you can protect your company and create a fair and equitable work environment.



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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