Associate Professional in Human Resources 2025 – 400 Free Practice Questions to Pass the Exam

A non-exempt worker under the Fair Labor Standards Act (FLSA) is primarily defined by their entitlement to overtime pay. Non-exempt employees are those whose jobs do not meet specific criteria set forth by the FLSA, which means these workers must be compensated for overtime hours worked beyond the standard 40 hours per week at a rate of at least one and a half times their regular pay.

In this context, being paid on an hourly basis often correlates with non-exempt status, as many non-exempt workers are typically compensated based on the actual hours they work rather than receiving a fixed salary. This hourly wage system ensures that they receive additional compensation for any extra hours worked beyond the regular schedule, aligning with the protections provided by the FLSA.

In contrast, options such as being not entitled to overtime pay, typically a salaried employee, or holding a supervisory role do not accurately reflect the characteristics of non-exempt workers. Typically, salaried employees may fall under the exempt category if their job duties and salary meet the FLSA criteria. Moreover, holding a supervisory role does not inherently define a worker as non-exempt; rather, it is the specific job duties and compensation structure that determine the classification under the FLS