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Exempt or nonexempt: How to respond if we misclassified?

11/08/2010

Q. "I am the HR director for an employer with 300 employees. I have participated in training recently regarding the DOL's definitions on overtime exemptions. As a result of my concern, I conducted an audit of our current classifications (and believe some of our employees may be misclassified as exempt). How can I check my understanding? If we reclassify a number of employees as non-exempt, what would you recommend as far as restitution for the unpaid wages?" -- Angie, Virginia

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