Wisconsin 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 Wisconsin FLEA Exempt/Nonexempt Compliance Form is an essential document used by employers in the state to ensure compliance with the Fair Labor Standards Act (FLEA). Under the FLEA, employers are required to classify their employees as either exempt or nonexempt based on their job duties and pay them accordingly. This compliance form helps employers accurately determine the status of their employees and fulfill their obligations under federal and state employment laws. The Wisconsin FLEA Exempt/Nonexempt Compliance Form typically includes sections where employers can list relevant employee information such as name, job title, department, and hire date. The form then provides a comprehensive checklist or questionnaire that covers various aspects of an employee's job responsibilities and duties. Employers need to carefully assess each criterion to accurately classify the employee as exempt or nonexempt. Some key factors considered in the Wisconsin FLEA Exempt/Nonexempt Compliance Form include job title, salary basis, salary level, and job duties. Employers must determine whether an employee meets the FLEA requirements for exemption, such as the executive, administrative, professional, outside sales, or computer employee exemptions. In addition to the general form for exempt/nonexempt classification, there might be specific Wisconsin FLEA Compliance Forms for different professions or industries, which give more detailed guidance for specific job roles. For example, there might be separate compliance forms for healthcare workers, educators, or law enforcement personnel. These specialized forms may include industry-specific criteria and factors that need to be considered while determining exempt or nonexempt status. To ensure accuracy and compliance, employers should regularly review and update their Wisconsin FLEA Exempt/Nonexempt Compliance Forms in accordance with any changes in federal or state labor laws. Proper classification of employees is crucial as it determines various rights, such as eligibility for overtime pay, minimum wage requirements, and other benefits. In conclusion, the Wisconsin FLEA Exempt/Nonexempt Compliance Form is an essential tool for employers in the state to accurately classify their employees and comply with the Fair Labor Standards Act. This form helps employers assess various criteria related to job duties, salary basis, and salary level, ultimately determining whether an employee is exempt or nonexempt from the FLEA regulations. Employers should ensure they are using the most appropriate compliance forms for their industry or profession to accurately classify their employees and avoid any potential legal issues.

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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.

More info

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Wisconsin FLSA Exempt / Nonexempt Compliance Form