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Examples of non-exempt employees include contractors, freelancers, interns, servers, retail associates and similar jobs. Even if non-exempt employees earn more than the federal minimum wage, they still take direction from supervisors and do not have administrative or executive positions.
South Dakota does not have any required number of hours to be full-time. So, it is up to each company to set how many hours an employee must work to be part-time or full-time. Employees should contact their supervisor to find out if they are considered full-time or part-time at their job.
Drug testing and your rightsYour employer may decide to test employees for drugs. To do this, however, they need the agreement of employees. This should normally be given where your employer has grounds for testing you under a full contractual occupational health and safety policy.
The State has implemented a drug testing procedure for applicants and employees in 1) safety sensitive positions and 2) positions requiring a commercial driver's license.
If you are a non-exempt employee, your employer must pay you at least the federal minimum wage (currently $7.25 per hour in Texas and under federal law) and must pay you overtime pay at a rate of at least one and a half times your hourly pay rate for all hours worked over 40 in each workweek.
Nonexempt: An individual who is not exempt from the overtime provisions of the FLSA and is therefore entitled to overtime pay for all hours worked beyond 40 in a workweek (as well as any state overtime provisions). Nonexempt employees may be paid on a salary, hourly or other basis.
No they do not drug test.
Salary level test. Employees who are paid less than $23,600 per year ($455 per week) are nonexempt. (Employees who earn more than $100,000 per year are almost certainly exempt.)
A covered employee shall be subject to drug and alcohol testing on an unannounced and random basis. Each covered employee shall be in a single pool composed of all State employees covered by this Plan from which random selection is made.
Federal, state and local governments do not require private employers to conduct employee drug tests, but they do establish drug testing programs, regulations and policies for their own civil service jobs. If you work as a civil service employee, you must comply with regulations on drug testing or risk losing your job.