Which best defines nonexempt status under the FLSA?

• A. A Lower-Paid Class of Employees
• B. Employees Who Must Be Paid Overtime
• C. Hourly-Paid Workers Only
• D. A Special Class of Employees as Determined by the Employer

Answer: (B)

Nonexempt status under the FLSA means employees are entitled to overtime pay. The key idea is overtime eligibility: if you don’t meet the exemptions, you must be paid overtime at 1.5 times your regular rate for hours over 40 in a workweek. So the best description is that nonexempt employees are those who must be paid overtime.

Why the other ideas aren’t right: pay level doesn’t determine exemption, so being lower-paid isn’t a defining factor and nonexempt workers can be higher earners too. Being hourly is common for nonexempt, but not exclusive—some salaried employees can be nonexempt if they don’t meet the exemption criteria. Finally, exemptions aren’t decided by the employer as a special class; they’re defined by the law based on duties and salary tests.