FLSA Status: What Is a Nonexempt Employee?

According to the Fair Labor Standards Act, nonexempt employees are entitled to fair wages and compensation according to federal guidelines. In other words, they are not exempt from protection under the FLSA. It is important to note that the FLSA is one part of the multifaceted class of federal employment law which includes guidelines for everything from minimum wage to worker’s compensation. Nonexempt employees are entitled to compensation and other benefits according to the FLSA. Keep reading to learn more.


The Fair Labor Standards Act or FLSA specifically designates guidelines for minimum wage, overtime pay, and child labor. For example, the federal minimum wage is $7.25 per hour which means all hourly workers are entitled to at least the minimum wage. Employers can give hourly workers more money per hour, but regardless of the work or job type, their compensation must be at least $7.25.

The only exception is a tipped wage which is typically applied to waitstaff. A tipped wage is around $2.00 but with tips, the total amount earned per hour should equal $7.25.

Overtime is defined as the hourly rate plus half of the hourly rate per overtime hour worked. The FLSA states that overtime hours are the time worked over 40 regular working hours in one week. So, if a minimum wage employee works an hour of overtime, they receive time and a half or approximately $11 for that hour.

As mentioned earlier, nonexempt employees are entitled to minimum wage, and overtime pay. If an employer willfully under compensates or fail to abide by FLSA or federal employment guidelines, employees may have the right to pursue legal action.

Legal Advocates

Employment concerns are serious, especially concerning compensation. If you have not been adequately compensated or are a nonexempt employee not paid according to FLSA guidelines, the Law Offices of Wax & Wax can help.

Our attorneys can investigate your case and determine the most optimal strategy. We can advocate for you so you can get the most optimal result.

Contact our firm today for more information.