Letter Informing an Exempt Employee of a Change in FLSA Status
When to Use This Letter
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.
Note: Effective December 1, 2016, new FLSA regulations will raise the minimum weekly salary for most overtime-exempt employees from $455 to $913. This minimum salary level will be adjusted every three years.