Employee Classification Tool:
Do I Have To Pay This Employee Minimum Wage and/or Overtime?
This tool focuses on employee classification under the federal Fair Labor Standards Act (FLSA); in other words, whether or not an employer must pay comply with with the FLSA’s minimum wage, overtime, and/or child labor provisions. Previously, our tool only included information on the FLSA’s commonly-used White Collar Exemptions, but our tool now includes information concerning every minimum wage, overtime, and/or child labor exemption found in the Fair Labor Standards Act. We hope you will enjoy using it!
This tool is solely intended to provide general guidance to users. Actual determinations concerning employee classification should always be made on a case-by-case basis after consultation with experienced legal counsel. Employees may work in states that have their own laws concerning employee classification or may even work for a type of employer not covered by these exemptions. Because of this – and many other reasons – employers should not rely exclusively on this tool in making any determination concerning employee classification.
Neither VirgilHR, its website, nor this tool are not a substitute for the advice or services of an attorney. Although VirgilHR strives to keep the website and tools accurate, current, and up-to-date, because the law changes rapidly, VirgilHR cannot guarantee that all of the information on the website and any tools is completely current. The law is different from jurisdiction to jurisdiction, and may be subject to interpretation by different courts, regulatory agencies, and governmental bodies. The law is a personal matter, and no general information or service like the kind VirgilHR provides can fit every circumstance. Furthermore, the legal information contained in the website and this tool is not legal advice and is not guaranteed to be correct, complete, or up-to-date. If you need legal advice for your specific problem, you should consult a licensed and knowledgeable attorney. Neither VirgilHR’s website nor this tool is not intended to create any attorney-client relationship, and your use of the either does not and will not create an attorney-client relationship between you and VirgilHR, its officers, employees, agents, contractors, or any other representatives of VirgilHR.