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Change in FLSA Status for Exempt Employee Letter

Authors: XpertHR Editorial Team, 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 they have been reclassified as nonexempt from the overtime requirements of 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