Updated to reflect the overtime and recordkeeping exemption for employees of seasonal amusement and recreational establishments, effective January 1, 2018.
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).
This Quick Reference chart addresses some of the most common scenarios for determining whether employees need to be paid under the Fair Labor Standards Act (FLSA) when employers close down their workplaces or when employees are unable or unwilling to work because of a snowstorm, hurricane or other natural disaster.
An employer may use this form to keep track of an employee's classification under the Fair Labor Standards Act (FLSA). In the event of a lawsuit alleging a misclassification, the burden of proof is on the employer to demonstrate that an employee qualifies for exemption.