Decision Trees

The following decision trees provide a simplified framework for assessing your legal situation. They are not a substitute for legal advice. Am I Exempt or Non-Exempt? Step 1: Do you earn a salary of at least $35,568 per year ($684/ week)? If NO, you are likely non-exempt and entitled to overtime. If YES, proceed to Step 2. Step 2: Do your primary duties involve executive management, professional judgment, or administrative discretion as defined by the FLSA? If NO, you are likely non-exempt. If YES, you may be exempt. Consult Chapter 9 for a detailed analysis. Do I Have a Claim for Discrimination? Step 1: Are you a member of a protected class (race, color, religion, sex, national origin, age 40+, disability, genetic information)? If NO, discrimination law may not apply. If YES, proceed to Step 2. Step 2: Did you suffer an adverse employment action (termination, demotion, pay cut, failure to hire, hostile work environment)? If NO, you may not have a claim yet. If YES, proceed to Step 3. Step 3: Is there evidence connecting the adverse action to your protected class (timing, comments, differential treatment, statistical patterns)? If YES, you likely have a viable claim. Consult Chapter 6 and contact an employment attorney. Do I Have a Claim for Retaliation? Step 1: Did you engage in a protected activity (filing a complaint, participating in an investigation, opposing unlawful conduct)? If NO, retaliation law may not apply. If YES, proceed to Step 2. Step 2: Did your employer take a materially adverse action against you after your protected activity? If NO, you may not have a claim. If YES, proceed to Step 3. Step 3: Is there a causal connection between your protected activity and the adverse action (close timing, employer knowledge, shifting explanations)? If YES, you likely have a viable claim. Consult Chapter 8 and contact an employment attorney.