Comply With the Salary Basis Test Checklist
Authors: XpertHR Editorial Team 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.
Employers do not have to complete the following steps in sequential order to properly complete the checklist.
NOTE: The US Department of Labor (DOL) has proposed a new overtime rule that would, if finalized, make significant changes to the information below.
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