Employee Classification

New and Updated

• Type:

  Legal Timetable

  New Jersey Independent Contractor Notice-Posting Requirements and Retaliation Protections Take Effect

• Type:

  Legal Timetable

  California Blocked From Enforcing Independent Contractor Test Against Motor Carriers

  Updated to reflect an appellate court's reversal of the district court's injunction.

• Type:

  Handbook Templates

  Employee Classifications Handbook Statement

  Updated guidance to reflect final overtime rule updating and revising the Fair Labor Standards Act (FLSA) overtime exemption requirements, effective January 1, 2020.

• Type:

  Checklists

  Comply With the Salary Basis Test Checklist

  Updated to reflect the vacatur of the overtime rule updating and revising the Fair Labor Standards Act (FLSA) overtime exemption requirements, effective November 15, 2024.

• Type:

  Letters and Forms

  Change in FLSA Status for Nonexempt Employee Letter

  Updated to reflect the vacatur of the overtime rule updating and revising the Fair Labor Standards Act (FLSA) overtime exemption requirements, effective November 15, 2024.

• Type:

  Policies and Procedures

  Model Salary Basis Policy for Exempt White-Collar Workers

  The US Department of Labor (DOL) provides employers the Model Salary Basis Policy for Exempt White-Collar Workers as an example of a salary basis policy that will meet the requirements of the "safe harbor" provision of the Fair Labor Standards Act (FLSA). Under the "safe harbor" provision, employers that inadvertently make improper deductions from the pay of exempt employees can shield themselves from overtime liability if they adopt a salary basis policy and take other steps.

• Type:

  Letters and Forms

  Change in FLSA Status for Exempt Employee Letter

  This letter may be used to inform a once-exempt employee that he or she has been classified as nonexempt from the overtime requirements of the Fair Labor Standards Act (FLSA). The employer's legal department should carefully review any changes in exemption status before the employee is informed.

• Type:

  How To

  How to Determine If an Employee Qualifies for the FLSA Administrative Exemption

  Updated to reflect the vacatur of the overtime rule updating and revising the Fair Labor Standards Act (FLSA) overtime exemption requirements, effective November 15, 2024.

• Type:

  How To

  How to Determine If an Employee Qualifies for the FLSA Learned Professional Exemption

  Updated to reflect the vacatur of the overtime rule updating and revising the Fair Labor Standards Act (FLSA) overtime exemption requirements, effective November 15, 2024.

• Type:

  How To

  How to Determine If an Employee Qualifies for the FLSA Creative Professional Exemption

  Updated to reflect the vacatur of the overtime rule updating and revising the Fair Labor Standards Act (FLSA) overtime exemption requirements, effective November 15, 2024.