by the Brightmine Editorial Team
Classifying an employee as exempt or nonexempt from the minimum wage and overtime requirements of the Fair Labor Standards Act (FLSA) is among the most important tasks that HR must perform. Every year, thousands of lawsuits are filed by employees who allege they were misclassified, and they often win millions of dollars in back pay and fees.
There are specific steps to follow for determining whether an employee qualifies for a particular exemption. But the general process of employee classification is roughly the same for all of the exemptions.
In this guide, learn about:
- Step 1: Audit the employee’s job duties
- Step 2: Determine which duty is “primary”
- Step 3: Decide which exemption may apply
- Step 4: Determine if the employee qualifies for the exemption
Want to see more?
For full access to How to classify an employee under the FLSA, sign up for an HR and Compliance Center subscription today.
You may also be interested in…
New Jersey adopts strict “ABC test” for independent contractors
This article explains New Jersey’s new regulations strengthening the “ABC test” for independent contractor classification and outlines how …
DOL proposes new(ish) independent contractor rule
Understand key changes in the DOL’s proposed independent contractor rule and how it could impact employer compliance.
Independent contractor rule is moving forward
The US Department of Labor (DOL) has asked the White House to review a proposed rule for classifying …
About the author
The Brightmine Editorial Team
Our in-house team of HR experts carefully monitors and updates the Brightmine HR & Compliance Center, the most comprehensive library of employment law and HR resources. This team has an unrivaled wealth of subject matter expertise, with an average of 15 years’ experience. They also bring invaluable, diverse career experiences to the table—the team includes seasoned employment law attorneys, former in-house counsel, SHRM certified professionals and career employment law editors.
In addition to managing the HR & Compliance Center, the Editorial Team supports the content across the Brightmine product portfolio. The Team also supports Marketing Resource Center with breaking HR news, Commentary and Insights, and expert review of key compliance resources, such as our free charts.