Scroll Top

Are You An Exempt Or Non-Exempt Employee?


In order to understand your rights as an employee, you need to understand what type of employee you are at your workplace. For example, you need to know if you are an exempt employee or a non-exempt employee. There are differences between the types of jobs these designations hold and if they are paid for overtime hours.

When you are unsure if you are being paid correctly, it is important you discuss your situation with a Columbus employment attorney. If you are being paid incorrectly it is likely others at your place of work are also being denied their legal wages.

Differences Between Employee Types

Individuals who are employed in exempt positions are excluded from some employee protections, such as overtime regulations and minimum wage guidance. They are paid a salary instead of an hourly wage and are typically in a position that is executive, professional, or sales.

Nonexempt employees do enjoy the protections of the Fair Labor Standards Act (FLSA). This means they are not exempt from FLSA requirements around minimum wage and overtime requirements. Because the way employees are paid can differ, people sometimes mistakenly believe there is a difference in how they are taxed. Both categories are taxed on their earned income, whether that income was a result of work as an exempt or non-exempt employee.

When a person is salaried, meaning they are an exempt employee, there is typically an expectation they will work a set number of hours within a workweek. Some companies require 35 hours a week, others require much more. But their pay is not connected to the rate, they are paid the same and are always required to get the work done.

Non-exempt employees who are paid hourly are to be paid for overtime work by law. So, if you are a non-exempt employee who works over 40 hours within a workweek, an overtime rate is paid. For this reason, some employers make a point of hourly employees staying within their set hours to keep labor cost down.

State Laws and FLSA

While basic labor protections are covered under FLSA, there are state laws as well. Each state has their own laws, guidelines and requirements that must be followed by employers. So, in the state of Ohio, employers must abide by both Ohio law and federal law. If they are not compliant, legal action is appropriate.

Complex situations are possible, which is why it is always best to connect with a Columbus employment attorney if you have wage and hour issues at your Ohio workplace. For example, there are laws that are unique to specific workers, such as temp employees, independent contractors or freelancers, volunteers, and workers who are not legal residents of the United States.

Do you have questions about the rights or exempt employees and non-exempt workers? Contact the lawyers at Coffman Legal LLC today. We are strong and committed advocates for all Ohio workers and use our experience and knowledge to help you. Call 614-949-1181 for a free and confidential consultation.


Recent Posts