can an employee move from non-exempt to exempt in the same position?
Non-Exempt/Overtime-Eligible. 1  Employees in non-exempt jobs are covered by the overtime provisions of the act and must be paid overtime (at one and one-half times the regular rate) for all hours worked over 40 hours per pay period.2  Overtime may be worked only with prior approval of the supervisor/ manager.xempt Jobs. Because of their duties, responsibilities, and salaries, employees in exempt jobs are not covered by the overtime provision of the FLSA. Exempt is not a title, but a legal classification based largely on job content.