Non-exempt employee

What does “non-exempt employee” mean?

A non-exempt employee is entitled to overtime pay and to meal and rest periods, and their working time must be recorded.

Non-exempt is the default. An employee is non-exempt unless the employer can show the role meets a specific exemption, and the burden of proving the exemption sits with the employer.

In California, overtime obligations attach on a daily basis as well as a weekly one, which is a difference from federal law that catches out employers operating in multiple states.