Exempt vs Non-Exempt Employee

Under the US Fair Labor Standards Act (FLSA), non-exempt employees are entitled to minimum wage and overtime pay, while exempt employees are not. Whether someone is exempt depends on their duties and, for many categories, a minimum salary - not just a job title.

The difference

  • Non-exempt: usually hourly, must be paid overtime beyond 40 hours a week.
  • Exempt: usually salaried professionals, executives, or administrators who meet specific duties and salary tests.
  • Calling someone a "manager" does not make them exempt; the legal test does.

Why it matters

Misclassification is a common and costly compliance mistake. Accurate hour records are essential for non-exempt staff and useful evidence for everyone.

How Sandtime.io fits

Sandtime.io keeps an accurate, reviewable record of hours for the people who need it, without screenshots or monitoring.

The exempt/non-exempt line decides who earns overtime and double time, and it makes accurate time tracking matter most for hourly staff.

Related Terms

Explore other time tracking and workforce management definitions.

Overtime

Hours worked beyond the standard workweek. Often subject to premium pay rates and labor law regulations.

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Double Time

A pay rate of twice the regular hourly rate, applied as a premium for certain hours such as work beyond a daily threshold or on a holiday, depending on law or contract.

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Hourly Rate

The monetary amount charged or paid per hour of work. Used to calculate revenue and cost from tracked time.

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Time Tracking

The process of recording how employees spend their working hours. Enables payroll, billing, and productivity analysis.

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