Want to Read More? To continue reading this article, please Log in or Register Now

How to Classify an Employee Under the FLSA

Author: Michael Cardman, XpertHR Legal Editor

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. Guidance about these exemptions can be found under XpertHR's Classify an Employee Under the FLSA task.

But the general process of employee classification is roughly the same for all of the exemptions. Follow these steps to classify an employee under the FLSA.