Exempt or Nonexempt?
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Which of your employees are eligible for overtime—and which aren’t?

Misclassification lawsuits and settlements
are costing employers millions!

checkbox Don’t overpay your workers, hoping to avoid expensive lawsuits. Get control of the FLSA risk-free for 30 days with Exempt or Nonexempt: How to Make the Call and Avoid FLSA Overtime Lawsuits!
It's time to straighten out our FLSA classifications ... and save big on payroll
We respect your privacy.
Dear Colleague,
  • Siebel Systems paid $27 million to computer workers misclassified as exempt engineers
  • USB shelled out $89 million to financial advisors who’d been denied overtime
  • IBM settled for $65 million with 32,000 disgruntled tech workers

The 2004 revamping of federal overtime rules was supposed to clarify things for employers. But the opposite has occurred. Private lawsuits filed by multiple employees have jumped 77% over the past five years, according to the National Employment Lawyers Association. The No. 1 mistake? Wrongly labeling employees as exempt from overtime pay.

Under the Fair Labor Standards Act, some employees ARE exempt from overtime. If you understand the law, you can achieve big payroll savings. But as many as 40% of employers are misclassifying workers. Are you?

To help you avoid potential lawsuits, Business Management Daily has compiled an easy-to-read Executive Summary on this critical issue.

Introducing Exempt or Nonexempt? How to Make the Call and Avoid FLSA Overtime Lawsuits.

Allow or deny overtime pay appropriately,
knowing the law is on your side
checkbox Yes! Rush me Exempt or Nonexempt? How to Make the Call and Avoid FLSA Overtime Lawsuits. I understand that I can review my copy risk-free. And if I don't immediately see how I can profit from the payroll lessons other employers had to learn the hard way, you'll refund my entire purchase price. No questions asked, and I'll have no further obligation. On that basis, here's my order.
It's time to straighten out our FLSA classifications ... and save big on payroll
We respect your privacy.
Not sure Exempt or Nonexempt will address your questions? Take a look at the targeted answers in this streamlined executive summary ...

Table of Contents
Overview: Many Employers Unknowingly Violate the Law

Classification Guidelines
Salary-basis test
Duties tests: The 5 exemption categories
1. Exempt executive employee
2. Exempt administrative employee
3. Exempt professional employee
4. Computer-related professional
5. Outside sales employee
10 Common Employer Mistakes
1. Misclassifying assistants and computer pros
2. Switching employees to exempt once they hit a pay threshold
3. Looking only at job titles, not at employees’ duties
4. Wrongly assuming all help-desk workers qualify for the computer exemption
5. Not giving exempt executives true hiring/firing authority
6. Allowing clerical tasks to defeat administrative exemption
7. Looking only at the degree, not the job, to classify learned professionals
8. Wrongly assuming all medical staff qualify for the professional exemption
9. Jeopardizing exempt employees’ status if you pay them extra
10. Not ensuring store managers’ primary duty is management
6 Compliance Tips
1. Adopt a safe-harbor policy 
2. If you reclassify an employee, do so with finesse
3. How to avoid paying overtime to an employee who doesn’t satisfy one of the
white-collar exemptions
4. Fine-tune your record-keeping
5. If exempt status is in question, issue a ‘good-faith’ reply
6. If you have doubts about how to classify employees, educate yourself
Frequently Asked Questions

Are hourly bonuses OK for salaried employees?

Does exemption class matter for part-time employees?

Can we legally convert all employees to nonexempt?

Does extra holiday pay endanger exempt status?

Comp time for exempt workers: Is this a slippery slope?

Should we track hours of straight-commission workers?

Is a mandatory 45-hour week allowed for exempt staff?

Can we change the status of an hourly ‘working’ supervisor?

Can we require salaried staff to make up lost time?

 

Self-Audit: Test Your Compliance

Get all this – plus the confidence that comes with knowing the big picture – in Exempt or Nonexempt? How to Make the Call and Avoid FLSA Overtime Lawsuits!

Allow or deny overtime pay appropriately,
knowing the law is on your side
checkbox Yes! Rush me Exempt or Nonexempt? How to Make the Call and Avoid FLSA Overtime Lawsuits. I understand that I can review my copy risk-free. And if I don't immediately see how I can profit from the payroll lessons other employers had to learn the hard way, you'll refund my entire purchase price. No questions asked, and I'll have no further obligation. On that basis, here's my order.
It's time to straighten out our FLSA classifications ... and save big on payroll
We respect your privacy.
Can this Executive Summary help you? To decide, consider the cost of misclassifying even ONE employee – in money, time and hassle. Then, consider the benefit of AVOIDING overtime problems, and the value of Exempt or Nonexempt? becomes even clearer.

Get your copy of Exempt or Nonexempt? How to Make the Call and Avoid FLSA Overtime Lawsuits TODAY!

Sincerely,

Pat DiDomenico
Editorial Director, The HR Specialist
P.S. Try Exempt or Nonexempt? How to Make the Call and Avoid FLSA Overtime Lawsuits risk-free for 30 days. If you don't find the success strategies you need to lower payroll costs and strengthen your organization's legal position, just let us know and we'll refund every penny you paid!
Allow or deny overtime pay appropriately,
knowing the law is on your side
checkbox Yes! Rush me Exempt or Nonexempt? How to Make the Call and Avoid FLSA Overtime Lawsuits. I understand that I can review my copy risk-free. And if I don't immediately see how I can profit from the payroll lessons other employers had to learn the hard way, you'll refund my entire purchase price. No questions asked, and I'll have no further obligation. On that basis, here's my order.
It's time to straighten out our FLSA classifications ... and save big on payroll
We respect your privacy.