HR Form of the Week: How to Classify an Employee Under the FLSA

Posted By: Guardian HR Staff Posted On: October 1, 2023 Share:

Each week, we will feature a different document from our forms library and provide information about where to find it, what it's used for, and any necessary instructions. With this program, you'll always be one step ahead of the game when it comes to finding the forms you need.

This week, the HR Form of the Week is How to Classify an Employee Under the FLSA.

For clients with access to the Forms Library, you can locate the document as follows:

Many employers incorrectly believe that all salaried employees are exempt or that by paying an employee a salary, they automatically become exempt. However, just as the labels “employee” and “independent contractor” don’t determine a worker’s actual status in the eyes of the IRS, the same is true for exempt and nonexempt employees in the eyes of the federal and state labor departments.

Therefore, classifying employees under the Fair Labor Standards Act (FLSA) is one of the most important tasks for any employer! It involves determining whether an employee is eligible for minimum wage, overtime pay, and other provisions under the law.

This weeks’ HR Form of the Week provides for a general overview of the classification process from a federal perspective. Please note that some states have different salary requirements, so please visit the Guardian HR Forms Library under “Exempt vs. Nonexempt” for additional information for your specific state(s).

We hope you find this information valuable and that it helps to make your HR experience easier and more efficient.

How to download the HR Form of the Week: 

  1. Click the "'How to Classify an Employee Under the FLSA" button
  2. Click "File"
  3. Click "Download"


Click Here to Learn How to Classify an Employee under the FLSA

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Guardian HR Staff

Guardian HR Staff

In-House Writing Team

Read informative articles, insights, and other resources right from the experts on the Guardian HR team.