Employers are often finding themselves exploring whether they have properly classified someone as an independent contractor under the Fair Labor Standards Act (FLSA) and are losing sight of the importance of properly classifying employees as exempt or nonexempt. This lack of focus is not only resulting in more lawsuits, it is resulting in potential mergers and acquisitions getting held up at the last minute when the purchasing entity realizes they are about to take on a massive liability due to the improper classifications of employees. The importance of properly classifying employees as exempt or non-exempt must be stressed to avoid these potential issues. Employment attorneys assisting employers with this process play an important role.