non exempt position definition
DEFINITION of 'Non-exempt Employee'. The term âNon-exempt Employeeâ refers to a category of employees entitled to overtime pay and minimum wage as described in the Fair Labor Standards Act (FLSA). Non-exempt employees must be paid for each hour that they work and 1.5x their hourly wage for any hours worked over 40. Employees who earn less than $455/week and those who do not use personal discretion and independent judgment at least 50% of the time are considered non-exempt.