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

    Overtime threshold

    Hours worked beyond this in a workweek trigger the time-and-one-half premium under Section 7(a) — as a general standard.

    1.1
  • 3

    Exemption tests

    Salary basis, salary level, and primary duty must all be satisfied before the executive, administrative, or professional exemption applies.

    2.2
  • 2+

    Employees directed

    An exempt executive must customarily and regularly direct the work of at least two full-time employees, or their equivalent.

    3.1
  • 20%

    Owner 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.

    2.2
  • 50%

    Time-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.

    2.4
  • None

    Outside sales salary floor

    Subpart G's salary basis and salary level requirements do not apply to the outside sales exemption at all.

    4.3

The numbers — thresholds and rates

  • $684

    Standard salary level

    The weekly floor for the executive, administrative, and professional exemptions, paid exclusive of board, lodging, or other facilities.

    2.3
  • $107432

    Highly compensated floor

    Total annual compensation an employee must reach before the lighter one-duty test replaces the full primary-duty analysis.

    2.3
  • $455

    Territories 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.

    2.3
  • $380

    American Samoa salary level

    The reduced weekly floor for employers other than the Federal government in American Samoa.

    2.3
  • $27.63

    Computer employee rate

    The hourly-pay alternative to a weekly salary under the section 13(a)(17) computer employee exemption.

    4.2
  • $107.4k

    Highly compensated total

    The same $107,432 annual-compensation threshold, tracked over the employer's chosen 52-week period.

    5.5
  • $684/wk

    Salary 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.

    5.5

The clocks — work periods and pay periods

  • 168HRS

    The workweek

    A fixed, regularly recurring period of seven consecutive 24-hour periods — the unit every pay and overtime calculation runs on.

    1.5
  • 52 wks

    Compensation period

    The period — a calendar year by default — over which a highly compensated employee's total annual compensation is measured.

    5.5
  • 1 month

    Catch-up window

    How long after the compensation period ends an employer has to pay a final catch-up amount toward the highly compensated threshold.

    5.5
  • 14 days

    Hospital work period

    Hospitals and residential-care establishments may agree to compute overtime over this period instead of the standard workweek.

    9.6
  • 8 hrs

    Daily overtime line

    Within a 14-day hospital work period, hours beyond this on a single workday earn overtime regardless of the 80-hour count.

    9.6
  • 80 hrs

    14-day overtime line

    Hours beyond this across the full 14-day period earn overtime, crediting any daily overtime premium already paid.

    9.6
  • 1½×

    Hospital overtime rate

    The premium owed on hours crossing either the daily or the 14-day threshold.

    9.6
  • 60HRS

    Guaranty pay cap

    A section 7(f) weekly guaranty can cover no more than this many hours; hours worked beyond it still earn additional overtime.

    9.1

The records — what must be written down

  • 12

    Nonexempt record items

    Every covered nonexempt employee's record must contain twelve specific data points, from identifying information through wages paid each pay period.

    11.1
  • 7

    Exempt (EAP) record items

    Executive, administrative, professional, and outside sales employees need only seven of those items, plus the basis on which wages are paid.

    11.2
  • $2.13

    Tipped cash wage

    The direct cash wage an employer pays a tipped employee before the tip credit closes the gap to the applicable minimum wage.

    12.1
  • 500MAN-DAYS

    Ag recordkeeping trigger

    Extra agricultural records attach only once an employer used more than this many man-days of agricultural labor in a calendar quarter.

    12.1
  • 72HRS

    Central-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.

    11.4

How long to keep it — retention and deadlines

  • 3YEARS

    Payroll record retention

    Payroll records, the agreements behind them, and sales and purchase records must be preserved at least this long.

    11.3
  • 2YEARS

    Supporting record retention

    Time cards, wage rate tables, and order, shipping, and billing records need only be preserved this long.

    11.3
  • 2YEARS

    Statute of limitations

    An employee must sue for unpaid minimum wages or overtime within this long of when each underpaid workweek's claim accrues.

    13.1

When it goes wrong — penalties and damages

  • $1,409

    Tip-retention penalty cap

    The maximum civil penalty per violation of section 3(m)(2)(B)'s tip-retention rule.

    13.3
  • $2,515

    Repeat/willful cap

    The maximum civil penalty per violation for a repeated or willful violation of the minimum-wage or overtime requirements.

    13.3
  • Liquidated damages

    Back pay owed is doubled unless the employer proves both good faith and reasonable grounds for believing it complied.

    13.2
  • 15DAYS

    Exception deadline

    How long an employer has after receiving a penalty notice to file a written exception and request a hearing before it becomes final.

    13.4
  • 30DAYS

    Board 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.

    13.6