Hawaii FLSA Exempt / Nonexempt Compliance Form

State:
Multi-State
Control #:
US-AHI-036
Format:
Word
Instant download

Description

This AHI form provides a checklist that is used to determine if an employee is eligible for FLSA exemption.

The Hawaii FLEA Exempt/Nonexempt Compliance Form is a crucial document designed to ensure compliance with the Fair Labor Standards Act (FLEA), specifically in the context of Hawaii's labor laws. This form is utilized by employers to classify their employees as either exempt or nonexempt from certain FLEA provisions, which governs minimum wage, overtime pay, and working hours. The purpose of the Hawaii FLEA Exempt/Nonexempt Compliance Form is to accurately determine if a worker is entitled to receive overtime compensation or if they qualify for certain exemptions. By thoroughly evaluating an employee's job duties and salary basis, this form assists employers in classifying employees accordingly to uphold legal standards. Different types of Hawaii FLEA Exempt/Nonexempt Compliance Forms may include: 1. FLEA Exempt/Nonexempt Classification Form: This document requires comprehensive information about job duties and salary details to categorize employees as exempt or nonexempt based on their roles. Employers must ensure that this classification matches the FLEA guidelines. 2. FLEA Exempt/Nonexempt Job Descriptions Form: This form outlines in detail the essential functions, job responsibilities, and qualifications associated with each job position within the organization. It assists employers in accurately assessing which employees meet the exemption criteria and which are nonexempt. 3. FLEA Exempt/Nonexempt Salary Basis Verification Form: This form focuses primarily on the salary basis requirement set by the FLEA for exempt employees. Employers must demonstrate that exempt employees receive a predetermined salary regardless of hours worked. This form helps employers verify and track compensation data to ensure compliance. 4. FLEA Exempt/Nonexempt Reclassification Form: When an employee's job duties or compensation structure significantly changes, employers can use this form to reevaluate their exemption status. It documents the necessary modifications and ensures that employees are correctly classified under the FLEA guidelines. 5. FLEA Exempt/Nonexempt Compliance Audit Form: This more comprehensive form reviews an organization's entire employee classification system to ensure compliance with FLEA regulations. It assesses job descriptions, salary records, and other relevant data to identify any potential misclassifications and take corrective actions if necessary. Employers in Hawaii should complete the appropriate Hawaii FLEA Exempt/Nonexempt Compliance Forms accurately and maintain thorough records to demonstrate compliance with both federal FLEA regulations and Hawaii labor laws. Retaining these forms is essential to provide evidence during audits, investigations, or legal disputes related to employee classification and fair labor practices.

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FAQ

Executive, administrative, professional and outside sales employees: (as defined in Department of Labor regulations) and who are paid on a salary basis are exempt from both the minimum wage and overtime provisions of the FLSA.

To be an exempt executive, administrative, or professional employee, an employee in Hawaii must earn $1,500 or more per month exclusive of board, lodging, or other facilities (HI Admin.

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.

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 an exempt executive, administrative, or professional employee, an employee in Hawaii must earn $1,500 or more per month exclusive of board, lodging, or other facilities (HI Admin. Code Sec. 12-21-6).

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.

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 classifications of exempt or non-exempt determine an employee's status as outlined in the FLSA. While payment type and rate are two critical tests to determining one's exemption status, so too is the type of work that employee performs.

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.

More info

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Hawaii FLSA Exempt / Nonexempt Compliance Form