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How-to: Determining FLSA Overtime and Minimum Wage Exemptions

HR professionals play a crucial role in ensuring compliance with the Fair Labor Standards Act’s (FLSA) minimum wage and overtime payment requirements, helping reduce legal risks and ensure workers are paid properly. Understanding FLSA overtime and minimum wage requirements and determining which employees are exempt from these requirements is essential for complying with this law.

This how-to guide aims to provide employers and HR professionals with an understanding of determining overtime and minimum wage exemptions under the FLSA. It provides a general overview of the FLSA, explores the most common exemptions, and outlines the process for determining whether an employee is exempt from minimum wage and overtime requirements. Employers should keep in mind that complying with the FLSA can be complex and may involve additional steps depending on the facts of a specific situation; therefore, employers may need to modify the process for determining FLSA overtime and minimum wage exemptions provided in this guide to meet the unique needs of their organization. Additionally, this guide will not address important FLSA-related requirements and processes beyond determining whether an employee is exempt from minimum wage and overtime requirements, including recordkeeping and youth employment.

This guide can help provide HR professionals and their organizations with the knowledge and tools necessary to confidently navigate the complexities of FLSA minimum wage and overtime requirements. The steps outlined in this guide can help employers establish best practices for determining whether an employee is exempt from federal minimum wage and overtime requirements. This information comes from the U.S. Department of Labor (DOL), and employers can learn more by reviewing the department’s resources on the FLSA. Employers can reference the checklist in the appendix for a step-by-step guide for complying with FLSA overtime and minimum wage exemptions.

In many situations, employees may be entitled to protections under other federal, state and local wage and hour laws. Due to the complexities of complying with wage and hour requirements, employers are encouraged to consult with local legal counsel if they have any specific questions or concerns.

Download the complimentary document here:  Determining FLSA Overtime and Minimum Wage Exemptions for HR Pros

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