This AHI form provides a checklist that is used to determine if an employee is eligible for FLSA exemption.
Delaware FLSA Exempt / Nonexempt Compliance Form
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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
Tips For Drafting Job Descriptions for Exempt EmployeesAccuracy is King. The job description must be accurate.Accuracy Does Not Mean Exhaustion.Strong Verbs, Clear Impact.Focus on Exempt Functions.Don't Shy Away From Degree Requirements.Assist With Can Diminish a Role.Consider Requiring Acknowledgement.
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).
The FLSA includes these job categories as exempt: professional, administrative, executive, outside sales, and computer-related. The details vary by state, but if an employee falls in the above categories, is salaried, and earns a minimum of $684 per week or $35,568 annually, then they are considered exempt.
The FLSA exemption test refers to the status of a job as outlined in the Fair Labor Standards Act. The FLSA determines whether a job is exempt or nonexempt as it relates to overtime obligations.
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.
Many instructors on the college level allow their students to exempt (which means 'not take') the final exam if they have an A average going into the final exam. Many students have trouble finding the information they need on their final assignments in order to be exempted from the final exam.
Salary level test. Employees who are paid less than $23,600 per year ($455 per week) are nonexempt. (Employees who earn more than $100,000 per year are almost certainly exempt.)
Standards Act (FLSA) However, Section 13(a)(1) of the FLSA provides an exemption from both minimum wage and overtime pay for employees employed as bona fide executive, administrative, professional and outside sales employees.
To be considered FLSA exempt, all of the below must be true for an employee:The employee receives pay on a salary basis (rather than hourly).The employee earns at least $35,568 per year, or $684 per week.The employee performs exempt job duties.