This AHI form provides a checklist that is used to determine if an employee is eligible for FLSA exemption.
Colorado FLSA Exempt / Nonexempt Compliance Form
Category:
State:
Multi-State
Control #:
US-AHI-036
Format:
Word
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How to fill out FLSA Exempt / Nonexempt Compliance Form?
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FAQ
Although the higher Colorado salary requirement does not go into effect until July, nearly all Colorado employers are subject to the FLSA and are therefore required to make sure their employees' salaries meet the minimum requirement of $35,569 as of January 1, 2020 to qualify for the white collar exemptions.
The Fair Labor Standards Act (FLSA) establishes minimum wage, overtime pay, recordkeeping, and child labor standards affecting full-time and part-time workers in the private sector and in Federal, State, and local governments.
How to Make Sure You Stay Compliant with FLSA RequirementsAudit Jobs to Understand which are Exempt and Non-Exempt.Check the Minimum Wage Requirement in Your State.Pay for All Time Worked Even if it Is Unauthorized Overtime.Keep Detailed Documentation of All Non-Exempt Employees.
Exemptions from Overtime OnlyCertain employees of automobile, truck, or farm implement retail dealers. Salespersons employed by trailer, aircraft, and boat retail dealers. Commission salespeople earning at least 50% of their total earnings in commissions whose regular rate of pay is at least time and a half minimum
Who is eligible for overtime pay? To qualify as an exempt employee one who does not receive overtime pay staff members must meet all the requirements under the duties and salary basis tests.
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.
In order to be exempt, an employee must meet the salary and duties requirements. Effective January 1, 2021, the salary threshold for overtime exemption is $40,500, then will increase to $45,000 in 2022, to $50,000 in 2023, and to $55,000 in 2024.
The FLSA also defines what kind of behavior can be considered working. For example, the FLSA is the reason you do not get paid for your commute to work, but you should get paid for any work you do, no matter what the time or place.
Nonexempt: An individual who is not exempt from the overtime provisions of the FLSA and is therefore entitled to overtime pay for all hours worked beyond 40 in a workweek (as well as any state overtime provisions). Nonexempt employees may be paid on a salary, hourly or other basis.
An employee's FLSA status is whether that employee is classified as exempt or nonexempt according to the Fair Labor Standards Act (FLSA). An employee who is nonexempt is entitled to receive overtime pay after they work a certain number of hours, while exempt employees are not eligible for overtime.