Classifying employees as nonexempt under the Fair Labor Standards Act—and determining their ensuing rights—isn’t always the easiest process for employers. So just imagine the difficulties reversing course, says Doug Hass of Franczek Radelet. Can employees who already have been deemed exempt be brought back under the FLSA’s overtime and other requirements granted to nonexempt employees?
“It is legal for an employer to change course and to treat employees who qualify for exemptions under the FLSA as nonexempt instead,” says Hass. He notes that nothing in the FLSA requires employers to categorize employees as exempt, even if they meet all the tests. “Employers can certainly elect to classify exempt employees as nonexempt or, relatedly, decide that it will treat ‘close cases’ as nonexempt,” he says.
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