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What is the difference between exempt and nonexempt employees?

Overtime pay can be a huge source of income for employees and a major expense for employers. As such, it is vital that both groups fully understand all the laws concerning how exempt and nonexempt employees differ. While there are federal laws regarding the subject, different states, including Texas, have different laws and regulations as well.

What’s the difference?

Before considering filing any overtime compensation claims, it is vital that you fully understand whether you even qualify for nonexempt status.

Exempt employees do not qualify for overtime pay. Exempt employees make over $35,568 per year; are paid on a salaried basis as opposed to hourly; and perform what are considered to be “exempt” job duties, such as managerial or white-collar-job-related duties.

Nonexempt employees are paid on an hourly basis. If they work over 40 hours a week, they are usually eligible for overtime pay. This pay should be one and a half times their normal hourly rate.

What if I believe I haven’t been paid or classified fairly?

This is a fairly common source of conflict between employers and employees, and cases like these often wind up going to court. The specific action you can take varies based on the state in which you live, and it is vital that you work with an appropriate legal team in order to get a solid understanding of the laws regarding exempt and nonexempt employees.

If you believe you haven’t been paid justly, your best bet is to consider hiring an attorney to help you file a legal claim in court. Depending on the evidence available to back your claim, you may be entitled to back pay and other financial awards.