Quick reference
Quick Reference
Every figure, threshold and deadline the book teaches, grouped by the moment you reach for it rather than by where it appears. Each entry links to the section that teaches it.
The tests — who is covered and who is exempt
40HRS/WK
→ 1.1Overtime threshold
Hours worked beyond this in a workweek trigger the time-and-one-half premium under Section 7(a) — as a general standard.
3
→ 2.2Exemption tests
Salary basis, salary level, and primary duty must all be satisfied before the executive, administrative, or professional exemption applies.
2+
→ 3.1Employees directed
An exempt executive must customarily and regularly direct the work of at least two full-time employees, or their equivalent.
20%
→ 2.2Owner exemption
A business owner with a bona fide 20-percent equity interest who is actively engaged in management skips the salary basis and salary level tests entirely.
50%
→ 2.4Time-spent guide
Spending more than half the workweek on exempt work generally satisfies primary duty — but less can still qualify if the other factors support it.
None
→ 4.3Outside sales salary floor
Subpart G's salary basis and salary level requirements do not apply to the outside sales exemption at all.
The numbers — thresholds and rates
$684
→ 2.3Standard salary level
The weekly floor for the executive, administrative, and professional exemptions, paid exclusive of board, lodging, or other facilities.
$107432
→ 2.3Highly compensated floor
Total annual compensation an employee must reach before the lighter one-duty test replaces the full primary-duty analysis.
$455
→ 2.3Territories salary level
The reduced weekly floor for employers other than the Federal government in the Commonwealth of the Northern Mariana Islands, Guam, Puerto Rico, and the U.S. Virgin Islands.
$380
→ 2.3American Samoa salary level
The reduced weekly floor for employers other than the Federal government in American Samoa.
$27.63
→ 4.2Computer employee rate
The hourly-pay alternative to a weekly salary under the section 13(a)(17) computer employee exemption.
$107.4k
→ 5.5Highly compensated total
The same $107,432 annual-compensation threshold, tracked over the employer's chosen 52-week period.
$684/wk
→ 5.5Salary portion required
At least this much of a highly compensated employee's pay must arrive on a pure salary or fee basis — commissions and bonuses do not count toward it.
The clocks — work periods and pay periods
168HRS
→ 1.5The workweek
A fixed, regularly recurring period of seven consecutive 24-hour periods — the unit every pay and overtime calculation runs on.
52 wks
→ 5.5Compensation period
The period — a calendar year by default — over which a highly compensated employee's total annual compensation is measured.
1 month
→ 5.5Catch-up window
How long after the compensation period ends an employer has to pay a final catch-up amount toward the highly compensated threshold.
14 days
→ 9.6Hospital work period
Hospitals and residential-care establishments may agree to compute overtime over this period instead of the standard workweek.
8 hrs
→ 9.6Daily overtime line
Within a 14-day hospital work period, hours beyond this on a single workday earn overtime regardless of the 80-hour count.
80 hrs
→ 9.614-day overtime line
Hours beyond this across the full 14-day period earn overtime, crediting any daily overtime premium already paid.
1½×
→ 9.6Hospital overtime rate
The premium owed on hours crossing either the daily or the 14-day threshold.
60HRS
→ 9.1Guaranty pay cap
A section 7(f) weekly guaranty can cover no more than this many hours; hours worked beyond it still earn additional overtime.
The records — what must be written down
12
→ 11.1Nonexempt record items
Every covered nonexempt employee's record must contain twelve specific data points, from identifying information through wages paid each pay period.
7
→ 11.2Exempt (EAP) record items
Executive, administrative, professional, and outside sales employees need only seven of those items, plus the basis on which wages are paid.
$2.13
→ 12.1Tipped cash wage
The direct cash wage an employer pays a tipped employee before the tip credit closes the gap to the applicable minimum wage.
500MAN-DAYS
→ 12.1Ag recordkeeping trigger
Extra agricultural records attach only once an employer used more than this many man-days of agricultural labor in a calendar quarter.
72HRS
→ 11.4Central-office window
Records kept at a central office rather than the workplace must reach the Wage and Hour Division within this window of the Administrator's notice.
How long to keep it — retention and deadlines
3YEARS
→ 11.3Payroll record retention
Payroll records, the agreements behind them, and sales and purchase records must be preserved at least this long.
2YEARS
→ 11.3Supporting record retention
Time cards, wage rate tables, and order, shipping, and billing records need only be preserved this long.
2YEARS
→ 13.1Statute of limitations
An employee must sue for unpaid minimum wages or overtime within this long of when each underpaid workweek's claim accrues.
When it goes wrong — penalties and damages
$1,409
→ 13.3Tip-retention penalty cap
The maximum civil penalty per violation of section 3(m)(2)(B)'s tip-retention rule.
$2,515
→ 13.3Repeat/willful cap
The maximum civil penalty per violation for a repeated or willful violation of the minimum-wage or overtime requirements.
2×
→ 13.2Liquidated damages
Back pay owed is doubled unless the employer proves both good faith and reasonable grounds for believing it complied.
15DAYS
→ 13.4Exception deadline
How long an employer has after receiving a penalty notice to file a written exception and request a hearing before it becomes final.
30DAYS
→ 13.6Board review deadline
A petition asking the Administrative Review Board to review an Administrative Law Judge's decision must actually reach the Board within this long.