Useful U.S. Department of Labor Resources for Employers

Employment-law compliance often starts with basic questions: Is this employee truly exempt? How should overtime be calculated? Which workplace posters are required? The U.S. Department of Labor has several free tools that can help employers work through those questions before problems arise.

Salary or hourly? Start with the exemption rules

Paying an employee a salary does not automatically make the employee exempt from overtime. The Department of Labor's Fact Sheet #17A and salary-basis guidance explain that the applicable exemption generally depends on both how the employee is paid and the employee's actual job duties.

Employers should compare the employee's real responsibilities to the applicable duties test instead of relying on a job title such as manager, administrator, or supervisor.

Use the overtime calculator as a check

The DOL's FLSA Overtime Calculator Advisor lets employers and employees enter sample pay and hours information to see how overtime may be calculated. It is a useful educational check when compensation includes different rates, bonuses, or other payments.

Do not overlook required posters

The Department also provides free workplace posters and an online Poster Advisor to help determine which federal notices apply. Not every employer must display every poster, and state or local posting requirements may apply in addition to the federal requirements.

Use the DOL's compliance materials as a starting point

The Wage and Hour Division's Basic Compliance Assistance Toolkit collects fact sheets, posters, industry guidance, and other resources in one place. These materials can be particularly useful when setting up payroll practices, classifying new positions, or reviewing existing policies.

Government worksheets and guidance are useful resources, but they do not resolve every classification or wage issue. The underlying facts still matter. Employers with questions about a particular employee, pay practice, or policy should review the specific circumstances before relying on a general rule.

Whitelock & Associates, P.A. advises employers regarding wage-and-hour compliance, employee classification, workplace policies, and related employment matters. Call 954-463-2001 or visit whitelocklaw.com to discuss a specific issue.

This article provides general information and is not legal advice. Reading it or contacting the firm does not, by itself, create an attorney-client relationship.