Over Time You’ll Be Glad You Read: Exempt Status Determination Questionnaire (FLSA)

Do you need to analyze employees' overtime exemption status? Our Exempt Status Determination Questionnaire (FLSA) provides a list of questions to assist you in determining whether you can classify an employee as exempt from the Fair Labor Standards Act’s (FLSA) overtime and minimum wage requirements.

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Related Content

• Exempt/Non-Exempt Employee Classification Audits: Key Considerations
  Learn how to audit employee classifications under the FLSA.

• Salary Basis Checklist: Maintaining Employees' Exempt Status
  Understand steps to ensure that salaried exempt white collar employees are in compliance with wage and hour laws.

DID YOU KNOW? Here’s a quick tip: You can listen to Practical Guidance podcasts in your car (or elsewhere) by going to Practical Guidance and Law360 Podcasts Resource Kit. Check out two new podcasts from Tony Oncidi, co-chair of Proskauer’s L&E department, entitled Runaway Juries in Employment Litigation Podcast and Is L&E Arbitration the Answer? Podcast.          

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Featuring the latest updates in practice trends and practical guidance from your Practical Guidance account.

• Document alerts allow you to stay current on legal developments that affect your practice. Find out how to set up your document alerts.
• Labor & Employment Key Legal Development Tracker—keep up to date with key legal developments!
  • Georgia: Georgia amends its voting leave law to require time off to vote in-person on a day designated for early voting in addition to election day,and remove the provision that waives voting leave requirements for employees who begin work more than two hours after the polls open or leave work more than two hours before the polls close. See 2023 Bill Text GA S.B. 129.
  • Michigan: Michigan amends its Elliott-Larsen Civil Rights Act to include all pregnancy terminations as protected medical conditions. See 2023 Bill Text MI S.B. 147.
  • Washington: Washington enacts a law that gives drivers for Lyft, Uber, and other app-based ride-hailing companies access to unemployment benefits and up to 12 weeks of paid leave for health conditions or caregiving responsibilities. See 2023 Bill Text WA H.B. 1570.
• New Practical Guidance Content
  • Runaway Juries in Employment Litigation Podcast
  • Is L&E Arbitration the Answer? Podcast
  • H1-B Visa Resource Kit
  • Reductions in Force (RIF) Video
  • I-9 Compliance for Employers Video
  • International Corporate Human Rights Compliance Video
  • Age Discrimination and Harassment in the Workplace Video

• Recently Updated Practical Guidance Content                                             
  • Whistleblower Internal Investigations: Special Considerations
  • Sexual and Other Workplace Harassment Guidance for Nonsupervisory Employees: Training Presentation (CA)
  • Sexual and Other Workplace Harassment Guidance for Managers: Training Presentation (CA)
  • Ban the Box State and Local Law Survey
  • Child Labor State Law Survey
  • Drug and Alcohol Testing of Employees Checklist (ADA)
  • Screening and Hiring (FL)
  • Screening and Hiring (IL)
  • Wage and Hour (AR)
• Labor & Employment Key Legal Development Tracker Archive (2021)
• Labor & Employment Key Legal Development Tracker Archive (2020)
• Labor & Employment Key Legal Development Tracker Archive (2019)
• The Practical Guidance Journal Second Edition 2023 includes legal developments on generative AI, cautions related to the use of AI in hiring and assessing, and the new challenges long covid presents for employers.
• Check out the new Practical Guidance Author Center! Learn about the 1750+ leading attorney authors contributing to our 23 practice areas and find out how you can Become a Practical Guidance Author.
• Legal Developments provide the latest updates and analyses of emerging topics impacting your practice area. Visit the Legal Developments page to see the latest topics, which also include breaking legal news and related Practical Guidance content.
• Listen Up! The Practical Guidance and Law360 Podcasts Resource Kit features interviews with industry-leading attorneys on cutting edge issues in the law: NFTs, Cannabis, COVID-19, and more. For L&E-specific podcasts, see:
  • Runaway Juries in Employment Litigation Podcast (Anthony Oncidi)
  • Is L&E Arbitration the Answer? Podcast (Anthony Oncidi)
  • The Looming Battle over Non-compete Deals Podcast (Law360)
  • Are You Indie or Employee? (Changes afoot to Indie Contractor/Employee Status) Podcast (Rex Fennessey)
  • Getting to Know the California Privacy Rights Act (CPRA) Podcast (Zoe Argento)
  • Long COVID and the Workplace (ADA Issues and Recent Litigation) (Jonathan Mook)
  • Discrimination and Language In the Workplace (Richard Cohen)
  • Dobbs L&E Impacts: Employers React to the Dobbs Opinion Podcast
  • Recruiting and Retaining Employees in the Current Hiring Landscape
  • Covid and the Return to Work (Richard Glovsky) 

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