This AHI form provides a checklist that is used to determine if an employee is eligible for FLSA exemption.
Pennsylvania FLSA Exempt / Nonexempt Compliance Form
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Multi-State
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US-AHI-036
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Word
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How to fill out FLSA Exempt / Nonexempt Compliance Form?
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FAQ
Anyone not paid at least $780 per week will not qualify for the white-collar exemptions and will therefore be treated as a non-exempt employee, who must have their hours tracked and be paid overtime at the rate of one-and-one-half-times their hourly rate for all hours worked over 40 in a workweek.
A salaried non-exempt employee is an employee who is: 1) not a farm laborer, executive, administrative, professional, or outside sales employee; and. 2) makes less than $455 per week ($684 beginning January 1, 2020).
To be exempt in Pennsylvania, employees must earn at least $684 per week in addition to passing specific duties tests. Beginning on October 3, 2021, to be exempt, employees must earn at least $780 per week.
The overtime pay in Pennsylvania is 1½ times the regular rate of pay after 40 hours worked in a workweek. Pennsylvania exempts farm workers, sailors, taxi drivers, vehicle mechanics or salespeople. movie theater employees, maple sugar processors, and some motor carrier employees from overtime pay.
Who is eligible for overtime pay? To qualify as an exempt employee one who does not receive overtime pay staff members must meet all the requirements under the duties and salary basis tests.
$684 per week ($35,568 annually) effective Oct. 3, 2020. $780 per week ($40,560 annually) effective Oct. 3, 2021.
Pennsylvania does not recognize a separate computer professional exemption, however technology focused employees may still qualify for exemption under one of the other white-collar exemptions. Pennsylvania does not have a highly compensated employee exemption as does the FLSA.
Exempt employees are mostly paid on a salary basis and not per hour. Unlike non-exempt employees, employers may decide whether to pay exempt employees for any extra work outside the official 40 working hours per week. As a business owner, this allows you flexibility in your payment and employee benefits policies.
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.