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FLSA Checklist: Exempt vs. nonexempt status Its up to employers to determine whether to classify an employee as exempt or nonexempt under the Fair Labor Standards Act (FLSA). The key consideration: Exempt.

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How to fill out the FLSA Status online

Understanding the Fair Labor Standards Act (FLSA) status is crucial for employers to ensure proper classification of employees as exempt or nonexempt. This guide provides straightforward instructions for filling out the FLSA Status form online, assisting users in determining the correct employee classifications.

Follow the steps to complete the FLSA Status form accurately.

  1. Click ‘Get Form’ button to obtain the FLSA Status form and open it in the editor.
  2. Begin by carefully reading the introductory section of the form which outlines the importance of FLSA status and provides a brief overview of exempt versus nonexempt classifications.
  3. Fill in the required fields at the top of the form, including your organization's name, address, and contact information to ensure proper identification.
  4. Review the job duties sections. For each position, determine if the primary duties fall under one of the exempt categories: executive, administrative, learned professional, computer professional, creative professional, or outside sales. Provide detailed descriptions where necessary.
  5. Complete the self-audit section for each employee, answering the yes/no questions honestly based on your assessment of their job duties and salary. Mark your answers clearly.
  6. Ensure all information is accurate before proceeding. Review the answers for completeness and clarity.
  7. Once finished, you can save changes, download the form for your records, print it for physical submission, or share it with relevant parties as required.

Take the next step towards compliance by completing the FLSA Status form online today.

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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.

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.

The Fair Labor Standards Act (FLSA) has made two distinctions between a company or organization's employees: exempt and non-exempt. Non-exempt employees must record their hours worked each workweek and must be paid overtime wages in an amount of 1.5 times their regular rate of pay for all hours over 40 in a workweek.

Exempt: Employees primarily performing work that is not subject to overtime provisions of the Fair Labor Standards Act. Overtime pay is not required by FLSA for exempt employees; however, the University chooses to pay overtime to exempt Non-V Class employees.

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.

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).

Exempt positions are excluded from minimum wage, overtime regulations, and other rights and protections afforded nonexempt workers. Employers must pay a salary rather than an hourly wage for a position for it to be exempt.

This analysis is referred to as the "duties test." Exempt jobs under the FLSA generally fall into five main categories, but there are several other miscellaneous exemptions. The five primary exemptions are executive, administrative, professional, computer, and outside sales employees.

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