Overtime: Exempt v. Nonexempt – Can You Pass DOL Scrutiny?

Exempt or not exempt is the question. Especially as recently both the federal and state governments increased their enforcement of wage and hour laws. This comes as no surprize after President Obama had ordered the hiring of a significant number of new investigators to focus on this issue and nothing else.

We all know that determining whether an employee is exempt or nonexempt is very fact-specific. We can help you.

We offer an analysis using the requirements of the law. Misclassification is rampant and can cost employers thousands of dollars in civil, as well as criminal penalties.

Issues we test for you with your specific facts are:

  1. General exemption tests under the Fair Labor Standards Act (FLSA): The salary test and the primary duties test
  2. Application of the 5 main exempt categories
  3. New trends originating from recent federal case law regarding the exempt status of employees
  4. Analyze your deductions (differentiate between permissible and impermissible payroll deductions)
  5. Work with your regular pay rate and check whether your calculations and formulas can lead to a conclusion
  6. Interplay of state law with the FLSA

Contact us – better now than after you were contacted by the authorties.

Best regards
und viele Grüße aus Charlotte
Reinhard von Hennigs