Creating an Overtime Classification Program Supported by Navigator OT
Frequently Asked Questions
Q: Do you have a description of ComplianceHR we can share internally as we are communicating our expectations?
A: (Organization Name) is pleased to share that we have subscribed to ComplianceHR, and now have access to their state-of-the-art solutions designed to help navigate the ever-changing and complex legal employment environment.
As part of our subscription, we will be leveraging ComplianceHR’s Navigator OT solution to help properly classify a position as exempt vs. non-exempt. As part of our process, you may be asked to complete a questionnaire related to the engagement. The email will come from no-reply@compliancehr.com. In preparation, please review this Checklist for details on the type of information you will be asked. Should you have questions, please contact (Organization Program Manager).
Q: Can I use the solution to evaluate positions internationally?
A: Navigator OT provides a risk analysis based on U.S. federal law and each state. It is not intended to be used for analysis of exempt employees outside of the U.S. The logic that applies within the tool is based on both the FLSA and state law, and there isn’t one standard that is a good comparator in an international setting. Also, international overtime exemption standards vary country by country. In many countries, most employees may receive overtime, even if they would qualify as “exempt” here in the U.S. In other words, many countries do not distinguish between exempt and nonexempt for overtime entitlement. Additionally, the rules to calculate and/or compensate overtime also vary across jurisdictions, especially if overtime is performed on a holiday. Another important distinction is that some countries restrict the number of overtime hours an employee can work. This means that an employee cannot work overtime hours once they have reached that cap.
Q: Is there a way to use Navigator OT so it only applies to U.S. federal law?
A: No, there is not a way to only apply federal across the board; Navigator OT is designed to review each jurisdiction, taking into consideration federal law and the applicable state and local laws.
Q: How are the questionnaires weighed for risk?
A: Navigator OT applies a variety of federal and state tests based on which jurisdiction you select, and then additionally weighs the answers based on how the factors were treated in court cases within that jurisdiction.
Q: How do I change the name of the employer on the report?
A: Your Platform Admin can utilize “User Groups” within the platform to create an alternative “employer name” on the report. Evaluations should be created under the unique User Group they relate to.
Q: Can the questionnaire be reassigned to an individual closer to the position such as a Manager?
A: Yes. Refer to the ComplianceHR Knowledge Center’s Navigator OT: Owner Actions for guidance and instructions.
Q: Where can I find more information on technical guidance?
A: In the Navigator OT section of the ComplianceHR Knowledge Center, you will find a training section with written instructions and videos on technical guidance, such as creating multiple evaluations, selecting your workflow, and additional actions for reassigning the evaluation.
Q: On November 15, 2024, the U.S. District Court for the Eastern District of Texas overturned the DOL’s rule that raised the salary threshold for the “white collar” overtime exemption under the FLSA, what does that mean for employers?
A: As a result, the salary increase that occurred on July 1, 2024, for the FLSA’s executive, administrative, and professional exemptions is no longer in place. This also means that the increase planned on January 1, 2025, will no longer take effect. To learn more, check out Littler’s ASAP “Federal Court Strikes Down Rule Raising Salary Threshold for White Collar Overtime Exemptions.”
Q: What evaluations had the July 1, 2024 salary threshold applied?
A: Evaluations completed between 9:00 pm EST on June 17, 2024 and 6:30 pm EST on November 18, 2024 had the July 1st salary threshold applied.
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This Program Guide is intended to serve as a starting point for educating Human Resources and Legal professionals on certain aspects of legal obligations of employers. It is not a comprehensive resource or a complete explanation of requirements. It offers practical information concerning the subject matter and is provided with the understanding that ComplianceHR is not rendering legal or tax advice, or other professional services. The contents are intended for general informational purposes only, and you are urged to consult your attorney concerning any particular situation and any specific legal questions you may have. For further assistance, please contact your Client Success Manager or the team at support@compliancehr.com.