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This document provides guidance for determining whether an employee is exempt from the Fair Labor Standards Act (FLSA), detailing criteria for various exemption categories including executive, administrative,

How to fill out flsa exempt or not

How to fill out FLSA Exempt or Not Exempt Guide

1. Review the job description carefully.
2. Determine the primary duties of the position.
3. Identify if the role meets the salary threshold set by the FLSA.
4. Assess if the job fits into one of the exempt classifications (executive, administrative, professional, outside sales, or computer-related).
5. Complete the FLSA classification form with all relevant details.
6. Review the completed form with HR or a legal professional for accuracy.
7. Make a final decision on the employee's classification based on the guide.

Who needs FLSA Exempt or Not Exempt Guide?

1. Employers who need to classify their employees' work status.
2. HR professionals responsible for compliance with labor laws.
3. Managers making hiring or promotion decisions.
4. Employees seeking clarity on their job classification.

People Also Ask about

How do you determine if a position is exempt or nonexempt?

Salary Considerations Exempt employees in California generally must earn a minimum monthly salary of no less than two times the state minimum wage for full time employment. Simply paying an employee a salary does not make them exempt, nor does it change any requirements for compliance with wage and hour laws.

Should I be exempt or not exempt?

Whether it's better to be exempt or non-exempt depends on individual circumstances and preferences. Some employees may prefer the stability of a set salary and benefits, while others may prefer the opportunity to earn more money through overtime pay.

What is exempt vs non-exempt guide?

Exempt employees usually hold administrative, professional, or executive positions. They're “exempt” from the Fair Labor Standards Act's (FLSA) overtime regulations and, therefore, not entitled to overtime pay. Nonexempt employees are typically paid hourly and perform more manual or technical duties.

What is the difference between exempt and non-exempt?

In California, exempt workers are those who are not protected by wage and hour laws. Non-exempt workers are protected by these laws, giving them rights to overtime pay, a minimum wage, and meal and rest breaks. California labor law determines whether a worker is exempt; not the employer.

What is an example of exempt?

Exempt employees are those who are exempt from minimum wage and overtime pay requirements. This is because exempt employees are paid a salary rather than an hourly wage, and they work in what are considered executive or professional jobs.

How do you determine if a position should be exempt or nonexempt?

With few exceptions, to be exempt an employee must (a) be paid at least $23,600 per year ($455 per week), and (b) be paid on a salary basis, and also (c) perform exempt job duties. These requirements are outlined in the FLSA Regulations (promulgated by the U.S. Department of Labor).

For pdfFiller’s FAQs

What is FLSA Exempt or Not Exempt Guide?

The FLSA Exempt or Not Exempt Guide is a resource that helps employers determine whether a position is exempt or non-exempt under the Fair Labor Standards Act (FLSA).

Who is required to file FLSA Exempt or Not Exempt Guide?

Employers who are evaluating employee classifications under the FLSA are required to file the guide to ensure compliance with wage and hour laws.

How to fill out FLSA Exempt or Not Exempt Guide?

To fill out the FLSA Exempt or Not Exempt Guide, employers must gather information about job duties, salary levels, and any applicable exemptions. The information should be documented in accordance with the FLSA criteria.

What is the purpose of FLSA Exempt or Not Exempt Guide?

The purpose of the FLSA Exempt or Not Exempt Guide is to clarify the criteria for exemptions, ensuring that employees are correctly classified, and to aid employers in compliance with the law.

What information must be reported on FLSA Exempt or Not Exempt Guide?

The information that must be reported includes job title, job description, salary level, and the specific exemption criteria that the position meets, if applicable.