---
title: "FLSA and Salaried Non-exempt Employees"
slug: "flsa-and-salaried-non-exempt-employees"
updated: 2023-12-07T07:39:52Z
published: 2023-12-07T07:39:52Z
canonical: "www.procaresupport.com/flsa-and-salaried-non-exempt-employees"
---

> ## Documentation Index
> Fetch the complete documentation index at: https://www.procaresupport.com/llms.txt
> Use this file to discover all available pages before exploring further.

# FLSA and Salaried Non-exempt Employees

## How will the new FLSA rules on Salaried Non-exempt Employees affect me?

The [Department of Labor](https://webapps.dol.gov/dolfaq/go-dol-faq.asp?faqid=376&faqsub=Breaks+and+Meal+Periods&faqtop=Wages+and+Work+Hours&topicid=1&lookfor=overtime) FAQ page says “in the first year, the Department estimates that 4.6 million workers exempt under the current regulations who earn at least the current weekly salary level of $455 but less than the proposed salary level of $921 would, without some intervening action by their employers, become newly entitled to overtime protection under the FLSA.”

## What is the essential change?

The rule is being held up on a preliminary injunction (this post is current as of 12/1/2016) issued by a federal judge in Texas. Potentially, many more employees will qualify as Salaried Non-exempt because the salary range for that group has been greatly expanded. If an employee DOES qualify as Salaried Non-exempt, two different rates of overtime may need to be calculated when the employee works more hours than the agreed number. CA and OH have additional calculations.

![Image](https://s3.amazonaws.com/cdn.procaresoftware.com/pdfs/Support+Site+Images/Desktop/Activity+Manager/FLSA+and+Salaried+Non-exempt+Employees_122023_1.png)

Annual Salary = (Salary per pay period) * (number of pay periods in the year)

Yearly Contracted Hours = (Contract Hours per week) * (52)

Effective Hourly Rate = Annual Salary / Yearly Contracted Hours

Overtime Premium = Effective Hourly Rate / 2

Overtime Rate = Effective Hourly Rate * 1.5