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The employee’s job responsibilities and the employer’s control over the employee largely dictate the proper classification under the FLSA. (Photo: Shutterstock)

When hiring, many employers do not give proper consideration to whether newly hired employees should be classified as “exempt” employees who by law are not entitled to overtime pay for hours worked in excess of 40 hours in any workweek, or “nonexempt” employees who are entitled to overtime pay. A failure to properly apply the legal criteria for employee classification can be a costly oversight for employers.


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