Overtime Exemption Advisor
Does the employee qualify for overtime pay?
Apply the tests defined by the DOL and courts to determine whether an employee is "white collar" and therefore eligible or not for overtime pay.
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|Users||Managers in corporations, owners of businesses|
|Function||Determines whether the overtime pay requirements of the Fair Labor Standards Act (FLSA) apply to a particular employee|
|The Stakes||Improperly categorizing employees as "exempt" from FLSA benefits (and therefore ineligible for overtime pay) can lead to litigation and penalties for employers. And improperly categorizing an employee as non-exempt can lead to unnecessary salary expenses.|
Approximately 1,300 – Covering threshold tests and duties test for:
|Factual Variations||More than 12 million covered|
|Questions Asked||8-to-32 asked per session, based on fact pattern|
|Time to Answer||1-5 minutes via an interview|
|Benefits to Users||
|Benefits to Lawyers||
|Benefits to Regulators||
|Commentary||The rules on white-collar exemptions to the FLSA can be tricky. Jobs that you may assume are exempt could fall short of the requirements -- and job titles alone are not sufficient for making the determination. The consequences of misclassification can be costly if you find that overtime pay is owed to workers you incorrectly considered exempt. Plus, the FLSA permits a doubling of the amount owed if liquidated damages are awarded. This system makes the evaluation for overtime eligibility quick, accurate, and consistent.|
|Test Drive||First, click-through the system accepting the default answers and view the report. Then click Start Over to try a different set of facts.|