Wage and hour
Wage-and-hour disputes are the largest source of employment litigation in the U.S. Ask HR AI helps you pressure-test classification decisions, overtime calculations, and break policies against both the FLSA and the state law that actually applies to the employee's work location.
What Ask HR AI covers
- Exempt vs non-exempt: salary basis, salary level, duties test
- Overtime and the regular rate — bonuses, shift differentials, commissions
- Meal and rest break rules (CA, WA, OR, CO, NV, IL)
- Off-the-clock work, remote work, and travel time
"How do I decide whether a salaried operations manager is FLSA exempt?"
Ask this in Ask HR AIHow to audit an FLSA exempt classification
- Step 1 — Confirm salary basis and level. Verify the employee is paid a predetermined salary at or above the current DOL threshold.
- Step 2 — Analyze actual duties, not the title. Map day-to-day work against the executive, administrative, professional, or computer duties tests in 29 CFR Part 541.
- Step 3 — Overlay state law. Check for stricter state salary thresholds and duties tests (CA, NY, WA, CO).
- Step 4 — Document the decision. Retain a written classification memo with the facts you relied on, in case of a DOL audit or private claim.
- Step 5 — Reassess when duties change. Re-run the analysis any time responsibilities meaningfully shift.
Frequently asked questions
What are the FLSA exemption tests?
An employee is exempt from federal overtime only if they meet all three tests: paid on a salary basis, paid at or above the current DOL salary threshold, and performing exempt executive, administrative, professional, outside sales, or computer duties as defined in 29 CFR Part 541. Job title does not control — actual duties do.
Does California have different overtime rules than federal law?
Yes. California requires daily overtime after 8 hours in a workday and double-time after 12, in addition to the federal weekly 40-hour threshold. Several other states also have daily overtime or seventh-consecutive-day rules.
Do we have to pay for meal breaks?
Under the FLSA, bona fide meal periods of 30 minutes or more are generally unpaid if the employee is fully relieved of duty. State law is often stricter — California requires premium pay if a compliant meal or rest break is not provided.
Is off-the-clock work compensable?
Yes. Time an employer knows or has reason to know the employee is working — including remote email after hours or pre-shift setup — is compensable under the FLSA and virtually every state analogue. A written policy prohibiting off-the-clock work is not a defense on its own.
Related Ask HR AI topics
- Employee handbook essentials — Handbook policies that reduce risk in every state — from at-will disclaimers to social media, remote work, and NLRA-compliant conduct rules.
- Workplace investigations — Structuring a defensible workplace investigation: intake, scope, witness interviews, evidence preservation, credibility analysis, and the counsel-ready memo.
- Leaves and accommodations — Coordinating FMLA, ADA reasonable accommodation, workers' comp, pregnancy accommodation, and state paid family and medical leave programs.
- Pregnant Workers Fairness Act (PWFA) — PWFA reasonable accommodations for pregnancy, childbirth, and related conditions, plus PUMP Act lactation obligations and state overlays.
Wage and hour by state
Ask HR AI applies the wage and hour rules for every U.S. state. Popular state pages:
- Wage and hour in California
- Wage and hour in New York
- Wage and hour in Texas
- Wage and hour in Florida
- Wage and hour in Illinois
- See all 50 states + DC
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- SafestHires blog — deeper dives on the topics above.
Ask HR AI is not legal advice. Confirm any final answers or suggested actions with your employment legal counsel before acting on them.