This AHI form provides a checklist that is used to determine if an employee is eligible for FLSA exemption.
Maryland FLSA Exempt / Nonexempt Compliance Form
Category:
State:
Multi-State
Control #:
US-AHI-036
Format:
Word;
Rich Text
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How to fill out FLSA Exempt / Nonexempt Compliance Form?
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FAQ
Executive employees are generally exempt from overtime pay. An executive employee receives a salary of no less than $455 per week.
The Maryland Wage and Hour Law is similar to the federal Fair Labor Standards Act (FLSA), but contains some important differences. In every case, workers and employers are advised to contact the U.S. Department of Labor, Wage and Hour Division, at 410-962-6211, to assure compliance under the federal law.
Over the past few years, about half of the states have written and enacted "right-to-work" laws. These statutes prohibit employers and unions from requiring union membership in order for employees to get and keep a job. To date, Maryland has no such laws on the books.
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.
Salaried employees, who fit the description of "Executive," "Administrative" or "Professional," are generally exempt under the law from receiving overtime, regardless of the number of hours they are required to work in a week.
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.
Exempt employee definition: Exempt employees refer to workers in the United States who are not entitled to overtime pay. This simply implies that employers of exempt employees are not bound by law to pay them for any extra hours of work. The federal standard for work hours in the United States is 40 hours per workweek.
In 2022, Maryland minimum wage for businesses with 15 employees or more is $12.50, and for businesses with 14 employees or fewer is $12.20. Some Maryland counties, however, have different hourly minimum wages.
