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This document provides an official opinion from the U.S. Department of Labor regarding the application of the learned professional exemption under the Fair Labor Standards Act (FLSA) for sales engineers

How to fill out flsa2005-28 - dol

How to fill out FLSA2005-28

1. Gather necessary information about the employee and employer.
2. Identify the nature of the work performed by the employee.
3. Determine the applicable exemption under the Fair Labor Standards Act (FLSA).
4. Complete the form sections relating to the employee's responsibilities and duties.
5. Provide a detailed description of the employee's job functions.
6. Sign and date the form to certify accuracy.

Who needs FLSA2005-28?

1. Employers who wish to seek clarification on the application of FLSA exemptions for their employees.
2. Employers looking to confirm their compliance with wage and hour laws for specific job positions.

People Also Ask about

What are the three tests for the FLSA exemption?

The FLSA permits an exemption from minimum wage and overtime pay for employees who meet three tests: a salary level test, a salary basis test, and a job duties test.

What are the FLSA rules for exempt status?

Exempt employees are: Paid an established monthly (or annual) salary. Paid for carrying out the duties of their position – regardless of how many hours worked. Exempt employees may work more or less than 40 hours per week and their pay does not change. They do not receive overtime nor compensatory time off.

What is the FLSA overtime piece rate?

Piece rate - The regular rate of pay for an employee paid on a piecework basis is obtained by dividing the total weekly earnings by the total number of hours worked in that week. The employee is entitled to an additional one-half times this regular rate for each hour over 40, plus the full piecework earnings.

What are FLSA rules for salaried employees?

Salary Basis Test: requirement that employees be paid at least $913 per week or $47,476 per year "on a salary basis", which means that the employee must receive his full predetermined salary for any week in which he performs any work, without regard to the number of days or hours worked or the quality or quantity of

What are the three factors to determine exempt or nonexempt?

In most cases, there are three simple requirements to determine whether a worker is an exempt employee under California law: Minimum Salary. The employee must be paid a salary that is at least twice the state minimum wage for full-time employment. White Collar Duties. Independent Judgment.

What are the FLSA standards for exempt status?

FLSA Coverage One of the requirements of the FLSA is for an employer to determine the exemption status of each employee. Beginning December 1, 2016, to qualify for FLSA exempt status, the FLSA rule requires that an employee earn no less than $913 per week, or $47,476 per year.

What are the 5 categories of FLSA?

There are five categories under which an employee may be considered FLSA exempt: Administrative, Executive, Learned Professional, Computer Professional and Creative Professional.

What does FLSA stand for?

The Fair Labor Standards Act (FLSA) establishes minimum wage, overtime pay, recordkeeping, and youth employment standards affecting employees in the private sector and in Federal, State, and local governments.

For pdfFiller’s FAQs

What is FLSA2005-28?

FLSA2005-28 is a letter ruling issued by the Wage and Hour Division of the U.S. Department of Labor that provides guidance on the application of the Fair Labor Standards Act (FLSA) to specific employment scenarios.

Who is required to file FLSA2005-28?

Employers seeking clarification on how to comply with FLSA regulations in relation to their specific circumstances may file FLSA2005-28.

How to fill out FLSA2005-28?

To fill out FLSA2005-28, employers must provide detailed information about their business operations, employee classifications, and specific questions concerning FLSA compliance.

What is the purpose of FLSA2005-28?

The purpose of FLSA2005-28 is to offer guidance and clarity to employers regarding the FLSA, helping them understand their obligations and avoid potential violations.

What information must be reported on FLSA2005-28?

FLSA2005-28 must include information such as the nature of the business, employee job duties, the compensation structure, and any specific issues or scenarios that the employer needs guidance on.