South Carolina FLSA Exempt / Nonexempt Compliance Form

State:
Multi-State
Control #:
US-AHI-036
Format:
Word
Instant download

Description

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

The South Carolina FLEA Exempt/Nonexempt Compliance Form is a document used by employers in South Carolina to assess the appropriate classification of their employees according to the Fair Labor Standards Act (FLEA). This form ensures that employees are properly categorized as either exempt or nonexempt based on specific criteria defined by federal law. The purpose of the South Carolina FLEA Exempt/Nonexempt Compliance Form is to maintain compliance with FLEA regulations, which establish guidelines for minimum wage, overtime pay, and other labor standards. By accurately determining whether an employee is exempt or nonexempt, employers can adhere to the laws governing compensation and hours worked, therefore avoiding potential legal issues and penalties. The form typically includes sections to record pertinent information about the employee, such as job title, job description, salary or hourly rate, and the primary duties performed. Employers must carefully review factors such as the employee's salary level, job responsibilities, and exemption criteria to determine their status. It is essential to consider the specific exemptions provided by the FLEA, including executive, administrative, professional, and outside sales exemptions. While the South Carolina FLEA Exempt/Nonexempt Compliance Form is a general term used to describe the document used for classification, there may be variations or customized versions tailored to specific industries or organizations. For instance, a healthcare facility might utilize a form that includes additional factors specific to healthcare professionals, ensuring compliance within their industry. Other sectors, such as manufacturing or hospitality, may have their own unique versions as well. Proper completion of the South Carolina FLEA Exempt/Nonexempt Compliance Form is crucial for employers to accurately categorize employees and determine eligibility for overtime pay. Regular review and updating of these forms are recommended, especially when there are changes in job roles or responsibilities to ensure ongoing compliance with FLEA regulations. By diligently implementing this process, employers can navigate the complexities of the FLEA and maintain fair and lawful employment practices.

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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).

More info

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South Carolina FLSA Exempt / Nonexempt Compliance Form