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