This AHI form provides a checklist that is used to determine if an employee is eligible for FLSA exemption.
South Carolina FLSA Exempt / Nonexempt Compliance Form
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Multi-State
Control #:
US-AHI-036
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FAQ
July 11, 2019. LIKE SAVE PRINT EMAIL. The designation of an employee as "salaried, nonexempt" means that the employer has designated an employee as nonexempt from the federal Fair Labor Standards Act (FLSA), and chooses to pay a weekly salary that equates to at least minimum wage for all hours worked.
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.
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.
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).
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.
Non-exempt & Exempt Employees. Exemptions from both minimum wage and overtime pay requirements of the Fair Labor Standards Act are for any employee in a bona fide executive, administrative or professional position. All other employees shall be non-exempt.
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).
Only non-exempt salaried employees are required to receive overtime pay in South Carolina. The overtime pay rate in the state is equal to one and one half times employees' standard hourly wage. Employees must receive overtime pay after they work more than 40 hours during a week.
Exempt employees are not subject to the minimum wage, overtime or record keeping requirements of the law, whereas non-exempt employees are subject to these requirements of the Fair Labor Standards Act (FLSA).
