Sometimes employees who are classified as exempt from the overtime requirements of the Fair Labor Standards Act (FLSA) need to be reclassified as nonexempt. This Quick Reference chart provides details about the differences in workplace practices regarding employees classified as exempt or nonexempt.
The Arizona Declaration of Independent Business Status can be used to establish a rebuttable presumption of the existence of an independent contractor relationship under the state's labor code.
An employer can customize this agreement to detail the project, deadlines, payment arrangements and termination provisions of an independent contractor's work.
Use this flowchart to determine if an employee is exempt or nonexempt from the minimum wage or overtime requirements of the Fair Labor Standards Act (FLSA).
Updated to include information on the 1st Circuit ruling Schwann v. FedEx, which preempts application of the second prong of the ABC Test to motor carriers.