- Any time there are significant changes to an employee's job duties, it is important to reconsider classification under the Fair Labor Standards Act (FLSA).
- The key inquiry is to determine which of the employee's new job duties is the employee's primary duty.
- If an employer finds that an employee who previously had been classified as exempt is no longer exempt, it will need to rectify the misclassification. The employee will be owed back overtime dating back to the change in job duties.
- If an employer finds that an employee who previously had been nonexempt is now exempt, it will need to inform the employee of the change and alert its payroll department.