This AHI form provides a checklist that is used to determine if an employee is eligible for FLSA exemption.
Wisconsin FLSA Exempt / Nonexempt Compliance Form
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Multi-State
Control #:
US-AHI-036
Format:
Word;
Rich Text
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FAQ
The classifications of exempt or non-exempt determine an employee's status as outlined in the FLSA. While payment type and rate are two critical tests to determining one's exemption status, so too is the type of work that employee performs.
Starting January 1, 2020 the salary threshold for an "exempt" employee under the Fair Labor Standards Act (FLSA) will increase to $648 per week, or $35,568 annually.
Executive, administrative, professional and outside sales employees: (as defined in Department of Labor regulations) and who are paid on a salary basis are exempt from both the minimum wage and overtime provisions of the FLSA.
Standards Act (FLSA) However, Section 13(a)(1) of the FLSA provides an exemption from both minimum wage and overtime pay for employees employed as bona fide executive, administrative, professional and outside sales employees.
Exempt: Employees primarily performing work that is not subject to overtime provisions of the Fair Labor Standards Act. Overtime pay is not required by FLSA for exempt employees; however, the University chooses to pay overtime to exempt Non-V Class employees.
There is a provision in the overtime regulations ( Chapter DWD 274, Wisconsin Administrative Code) that "exempts" employees whose primary duty is administrative, executive, or professional work from overtime requirements.
Standards Act (FLSA) However, Section 13(a)(1) of the FLSA provides an exemption from both minimum wage and overtime pay for employees employed as bona fide executive, administrative, professional and outside sales employees.
An exempt employee is an employee who does not receive overtime pay or qualify for minimum wage. Exempt employees are paid a salary rather than by the hour, and their work is executive or professional in nature.
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.
