Fair Labor Standards Act (FLSA) Consulting

The revised Fair Labor Standards Act (FLSA) regulations require overtime payment to non-exempt employees. Employment Research Corporation can review the job descriptions and job functions of your current workforce and help your legal counsel make determinations about whether the positions are most appropriately classified as exempt or non-exempt.

This analysis may involve:

  • Reviewing documents, such as job postings, job descriptions, and personnel files, including employee compensation
  • Interviewing key personnel, including executives, supervisors and other employees, in-person, by phone, and in writing
  • Evaluation of occupational qualifications, job duties and other factors

Examples of other FLSA consulting projects conducted by Employment Research Corporation include:

  • Consulting to a public sector employer to review job duties of an employee who claimed to be non-exempt
  • Calculating damages under FLSA and state laws for a group of non-exempt employees who had been classified as exempt over a several year period. This involved surveying the employees to estimate actual hours worked and developing a model to estimate compensation due
  • Estimates of the number of persons exempt and not exempt made for the U.S. Department of Labor in their official reports to Congress

Employment Research Corporation has been a consultant to government agencies including the Wage and Hour Division, EEOC, OFCCP and the of the U.S. Department of Labor and has been a consultant to lawyers representing plaintiffs and defendants in public and private sector organizations including state agencies, school districts, and Global 500 Corporations.



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