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Letter Informing an Exempt Employee of a Change in FLSA Status

Authors: Michael Cardman, XpertHR Legal Editor, and Allen S. Kinzer, Vorys, Sater, Seymour and Pease LLP

When to Use

The sample letter below may be used to inform a once-exempt employee that he or she is no longer exempt under the Fair Labor Standards Act. The employer's legal department should be notified first before any letter is sent out, because a change from exempt to nonexempt can result in liability for unpaid overtime.

Customizable Letter