FLSA Exempt / Nonexempt Compliance Form
About this form
The FLSA Exempt/Nonexempt Compliance Form is a checklist used by employers to determine if an employee qualifies for exemption under the Fair Labor Standards Act (FLSA). This form helps identify eligible positions, ensuring compliance with federal regulations regarding employee salary and job duties. Unlike other employment forms, this compliance form specifically focuses on evaluating qualifications for exempt status, which affects overtime pay and minimum wage eligibility.
What’s included in this form
- Name of the employee
- Job title and department details
- Date of completion
- Basis for exemption, including specific categories such as executive, administrative, learned professional, etc.
- Signature fields for supervisor and personnel records
When this form is needed
This form should be used when an employer needs to assess an employee's eligibility for exemption from minimum wage and overtime requirements under the FLSA. Common scenarios include hiring new employees, reviewing current employee positions, or during audits to ensure compliance with labor laws. Employers should utilize the form whenever they are making decisions related to employee classification or compensation structures.
Who this form is for
This form is intended for:
- Employers seeking to classify employees under FLSA exemptions
- Human resources personnel responsible for employee evaluations
- Management overseeing wage and salary determinations
- Business owners looking to comply with labor laws
How to complete this form
- Identify and fill in the employee's name, job title, department, and location.
- Document the date of evaluation.
- Assess the basis for exemption by checking relevant categories and criteria.
- Ensure that the signatures of both the supervisor and the personnel representative are obtained.
- Keep a copy of the completed form for company records and compliance verification.
Is notarization required?
Notarization is generally not required for this form. However, certain states or situations might demand it. You can complete notarization online through US Legal Forms, powered by Notarize, using a verified video call available anytime.
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Make edits, fill in missing information, and update formatting in US Legal Forms—just like you would in MS Word.
Download a copy, print it, send it by email, or mail it via USPS—whatever works best for your next step.
Sign and collect signatures with our SignNow integration. Send to multiple recipients, set reminders, and more. Go Premium to unlock E-Sign.
If this form requires notarization, complete it online through a secure video call—no need to meet a notary in person or wait for an appointment.
We protect your documents and personal data by following strict security and privacy standards.
Avoid these common issues
- Overlooking the details required to determine the duties of the employee.
- Failing to update the form for new employees or changes in job description.
- Not obtaining necessary signatures to validate the form.
- Misclassifying an employee based on job title alone without considering actual duties performed.
Why use this form online
- Convenience of immediate access from anywhere, at any time.
- Editability to customize the form for specific employee evaluations.
- Reliability of compliant templates drafted by licensed attorneys.
- Easy storage and retrieval of completed compliance forms for audits and reviews.
Legal use & context
- Helps ensure compliance with FLSA regulations, preventing potential legal disputes.
- Completing the form accurately safeguards against misclassification of employees.
- Documentation of compliance serves as a defense in audits by the Department of Labor.
Summary of main points
- The FLSA Exempt/Nonexempt Compliance Form is crucial for categorizing employees lawfully.
- Using this form helps employers confirm eligibility for overtime exemption.
- Accurate completion and signatures are vital for maintaining compliance and proper HR practices.
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FAQ
Non-exempt employees are workers who are entitled to earn the federal minimum wage and qualify for overtime pay, which is calculated as one-and-a-half times their hourly rate, for every hour they work, above and beyond a standard 40-hour workweek.
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).
Yes. Even when a position qualifies for exempt status an employer may prospectively change the status to nonexempt to help cure an attendance problem. As with all nonexempt positions, however, the employer will need to track the hours worked and pay overtime as appropriate.
An exempt employee is not entitled overtime pay by the Fair Labor Standards Act (FLSA). These salaried employees receive the same amount of pay per pay period, even if they put in overtime hours. A nonexempt employee is eligible to be paid overtime for work in excess of 40 hours per week, per federal guidelines.
The primary difference in status between exempt and non-exempt employees is their eligibility for overtime. Under federal law, that status is determined by the Fair Labor Standards Act (FLSA). Exempt employees are not entitled to overtime, while non-exempt employees are.
To meet the test for the creative professional exemption, an employee must have a primary duty that involves the performance of work requiring invention, imagination, originality or talent in a recognized field of artistic or creative endeavor (examples include actors, musicians, novelists, etc.).
