Are you sure you know which of your employees are eligible for overtime—and which aren’t?
Misclassification lawsuits and settlements are costing employers millions!
So how are you handling the recent bomb dropped by the Department of Labor, which revised overtime regulations in a more dramatic way than ever seen before? The new regs take effect in 2016, and one thing is certain: Your employees have never been given more cause to double-check their job descriptions and pay rates in search of lawsuit fodder.
Introducing Exempt or Nonexempt? How to Make the Call and Avoid FLSA Overtime Lawsuits.
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
Prepare for DOL’s New Overtime Rules
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
4. Fine-tune your record-keeping
5. If exempt status is in question, issue a ‘good-faith’ reply
6. Never ignore written advice from your lawyer
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?
Are exempt workers entitled to unlimited sick leave?
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!
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!
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!