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Salary Basis Test Checklist

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

When to Use

Use this checklist to be sure that an employee is paid on a salary basis, which is a requirement for many of the exemptions from the overtime pay requirements of the Fair Labor Standards Act. Note that the exceptions to the salary basis requirement for teachers, lawyers, doctors and other employees are not addressed in this checklist.