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Overtime Q&As
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Salaried Employee: What you need to know

Under both the federal Fair Labor Standards Act (FLSA) and other federal laws applicable to public works projects, employers must pay overtime to employees who work in excess of 40 hours per week. However, FLSA regulations exempt certain kinds of jobs from the overtime pay laws if:
• The employees are paid on a “salary basis” and receive at least a prescribed minimum salary; and
• They meet special duty criteria established by the U.S. Department of Labor (DOL).
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Executive employees, professionals, and administrative employees may be classified as exempt from federal overtime requirements if paid on a salary basis.
Warning: The salary level test, the salary basis test, and the duties tests must be met for an employee to be exempt from overtime requirements. Failure to meet the salary basis requirement, for example, by making impermissible deductions will negate an employee's or group of employees' exempt status. Such employees may sue for retroactive overtime pay. In addition, some salaried employees are entitled to overtime pay for hours worked in excess of 40 hours in a workweek. Whether an employee is entitled to time-and-one-half for overtime will depend not only on whether he or she is paid on a salary basis, but also on whether he or she meets all other exemption requirements, especially the duty criteria.
The federal DOL has released final changes to the overtime regulations. With this final rule, the DOL seeks to update the salary level required for exemption to ensure that FLSA’s intended overtime protections are fully implemented and to simplify the identification of nonexempt employees, thus making the executive, administrative, and ...

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Claim Your Free Copy of Top 100 FLSA Overtime Q&As

We’ve compiled a list of the 100 most commonly asked questions we have received on the federal Fair Labor Standards Act (FLSA) overtime regulations.
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This report, "Top 100 FLSA Q&As", is designed to provide you with an examination of the federal FLSA overtime regulations in Q&A format, including valuable tips for bringing your workplace into compliance in an affordable manner.

At the end of the report, you will find a list of state resources on wage and hour issues. This report includes practical advice on topics such as:
  • FLSA Coverage: How FLSA regulations apply to all employers and any specific exemptions from the overtime requirements
  • Salary Level: Qualifying for exemptions and nonexempt employees
  • Deductions from Pay: Deducting for violations, disciplinary reasons, sick leave, or personal leave


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