What is the difference between exempt and nonexempt employees?

The difference between exempt and nonexempt employees in Virginia is important for understanding wage and hour law as it applies to both employers and employees. An exempt employee is someone who is not subject to any of the provisions of the Fair Labor Standards Act, which sets rules on minimum wage, overtime, and other matters. A nonexempt employee, on the other hand, is subject to the law’s provisions, including those regarding minimum wage, overtime, and other matters. Exempt employees, who are often professional, administrative, or executive employees, are not subject to the minimum wage, overtime, or other provisions of the law. Exempt employees are also typically salaried workers, though they may be paid on an hourly basis. This means they can be paid the same amount every pay period, regardless of how many hours they work in a given week. Non-exempt employees – usually blue-collar, service, or other lower-wage earners – are subject to the law’s provisions, including those regarding minimum wage, overtime, and other matters. Non-exempt employees can be paid either on an hourly basis or on a salary/commission basis. However, unlike exempt employees, non-exempt employees are required to receive overtime pay for any hours worked beyond forty hours in a given week. In Virginia, employers and employees must be aware of the difference between exempt and non-exempt employees so they can properly abide by wage and hour laws. This includes employers understanding which employees are exempt, and the appropriate wages and overtime rules for non-exempt employees.

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