All of the following employees are non-exempt and governed by FLSA except:

The Fair Labor Standards Act (FLSA) distinguishes between exempt and non-exempt employees primarily based on their job duties and salary level. Non-exempt employees are entitled to receive overtime pay for hours worked over 40 in a workweek, while exempt employees are not.

Supervisors typically fall into the category of exempt employees if they perform certain supervisory duties and meet the salary threshold. Their primary responsibilities often include managing employees, making hiring and firing decisions, and exercising significant discretion in their roles. This level of authority and responsibility is what often qualifies them for the exemptions provided under the FLSA.

In contrast, clerks, workers in retail, and technicians generally do not have such supervisory or managerial responsibilities and are more likely to be classified as non-exempt. These employees frequently perform tasks that directly relate to the operations of the business without significant authority over others, which keeps them within the non-exempt status.

Therefore, the classification of supervisors as exempt under the FLSA is the fundamental reason they are not included in the group of non-exempt employees.