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ARTICLE · 12 JANUARY 2021

3 Things Employers Need To Know About Employee Classification: A Refresher Course

Congratulations! You and your business survived a global pandemic and one of the most challenging economic downturns in recent memory.

United StatesEmployment and HR
Lewis Brisbois Bisgaard & Smith LLP
Lewis Brisbois Bisgaard & Smith LLP
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Congratulations! You and your business survived a global pandemic and one of the most challenging economic downturns in recent memory. The last year took a devastating toll on employees and business alike, and you may be looking to reconsider employee compensation and avoid litigation. As you look forward to bouncing back in 2021, here are three reminders for properly classifying employees.

1.     Minimum Salary for Overtime Exempt Employees

As of January 1, 2020, the new minimum pay threshold under the Fair Labor Standards Act for exempt employees (i.e., those not entitled to overtime) increased to $35,568 per year or $684 per week. The rule also allows you to use nondiscretionary bonuses, incentive payments, and commissions (all paid annually) to satisfy up to 10% of the standard salary level. Importantly, some states may depart from what is required under federal law, so it is important to understand the minimum salary requirements for any states in which you

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