This AHI form provides a checklist that is used to determine if an employee is eligible for FLSA exemption.
New York FLSA Exempt / Nonexempt Compliance Form
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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
CA WTPA. FORM. 220e California Labor Code Section 2810.5 requires that ALL NON-EXEMPT EMPLOYEES be. given written notice of their rate of pay and payday at time of hire or in the event of a change in rate of pay or payday.
LS 54 (01/17) Notice and Acknowledgement of Pay Rate and Payday. Under Section 195.1 of the New York State Labor Law. Notice for Hourly Rate Employees.
This includes the new salary threshold of $990 per week ($51,480 when annualized) in effect as of December 31, 2021. A reminder that the professional exemption is not covered by the NYS salary threshold and would therefore defer to the federal FLSA salary threshold, currently $684 per week ($35,568 when annualized).
If you work a regular, 40-hour work week without an employment contract, you are probably non-exempt. No matter what your job title is, if you earn less than $913/week (gross), you are non-exempt. If you are not an executive, or an administrative or professional employee, you are probably non-exempt.
Employees who qualify as exempt are exempt from overtime regulations (and minimum wage laws), whereas nonexempt employees must be paid for every hour of overtime they work. The federal Fair Labor Standards Act (FLSA) and the laws of the 50 states regulate what constitutes overtime.
Employers are required by law to provide all new employees with a Notice to Employee at the time of hiring. The form provides specific information about the employer, wages, Workers' Compensation and, now, Paid Sick Leave. The new form went into effect January 1 of this year.
The Wage Theft Prevention Act (WTPA), passed in 2011, requires employers to provide employees with an annual notice regarding their compensation and other terms of employment. The notice must be provided to all employees between January 1 and February 1 of each year, regardless if they previously received a notice.
An exempt employee is not entitled overtime pay by the Fair Labor Standards Act (FLSA). These salaried employees receive the same amount of pay per pay period, even if they put in overtime hours. A nonexempt employee is eligible to be paid overtime for work in excess of 40 hours per week, per federal guidelines.
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.
The Wage Theft Prevention Act (WTPA), passed in 2011, requires employers to provide employees with an annual notice regarding their compensation and other terms of employment. The notice must be provided to all employees between January 1 and February 1 of each year, regardless if they previously received a notice.