Fill and Sign the Flsa Exemptnon Exempt Compliance Form

FLSA EXEMPT/NON-EXEMPT COMPLIANCE FORM Name: Job Title: Department: Location: Date: Basis for exemption: Executive Administrative Learned Professional Creative Professional Highly-Compensated Employee Computer Employee Outside Salesperson Under the FLSA, certain employees are exempt from the minimum wage and overtime requirements if they meet the requirements of a duties test and a salary test.Regulations issued in 2004 revised the tests for exempt status. Most significantly, these regs dumped the old long and short tests employers had formerly applied to determine employees’ exempt status. Under the old long test for the administrative exemption, for example, an employee could spend no more than 20% of his/her time on non-exempt duties. Under the old short test, an employee had to spend a majority of his/her time on exempt duties.Salary test. Exempt employees must be paid on a salary basis. That means they must regularly receive the same amount on pay day, regardless of the hours worked, and can’t be docked for hours not worked in a day.The 2004 regs raised the amount of money employees must earn to be considered exempt. The salary amounts hadn’t been raised since the 1970s, when they were set at $155 a week under the long test and $250 a week under the short test, for most exemptions. Now, employees who earn less than $455 a week ($23,660 a year) will be eligible for overtime, regardless of whether they were exempt from the law under the old regs.Exempt status is based on an employee’s actual job duties. Don’t go by job title or job description alone when making the determination.Duties test. The duties test applies to certain groups — executive, administrative, learned and creative professional, highly-compensated, computer, and outside sales — who meet the following criteria. Executive Exemption 1. Yes No The employee is paid on a salary basis at a rate not less than $455 per week.2. Yes No The employee’s primary duty is managing the enterprise, or managing a customarily recognized department or subdivision of the enterprise.3. Yes No The employee customarily and regularly directs the work of at least two or more other full-time employees or their equivalent. 4. Yes No The employee has the authority to hire or fire other employees, or the employee’s suggestions and recommendations as to the hiring, firing, advancement, promotion, or any other change of status of other employees must be given particular weight. Administrative Exemption 1. Yes NoThe employee is paid on a salary or fee basis at a rate not less than $455 per week. 2. Yes No The employee’s primary duty is the performance of office or non-manual work directly related to the management or general business operations of the employer or the employer’s customers. 3. Yes No The employee’s primary duty includes the exercise of discretion and independent judgment with respect to matters of significance. Learned Professional Exemption 1. Yes No The employee is paid on a salary or fee basis at a rate not less than $455 per week.2. Yes No The employee’s primary duty is the performance of work requiring advanced knowledge that’s predominantly intellectual in character, which includes work requiring the consistent exercise of discretion and judgment.3. Yes No The advanced knowledge is in a field of science or learning.4. Yes No The advanced knowledge is customarily acquired by a prolonged course of specialized intellectual instruction. Creative Professional Exemption 1. Yes No The employee is paid on a salary or fee basis at a rate not less than $455 per week.2. Yes No The employee’s primary duty is the performance of work requiring invention, imagination, originality, or talent in a recognized field of artistic or creative endeavor. Highly-Compensated Employee Exemption 1. Yes No The employee earns total annual compensation of $100,000 or more, which includes at least $455 per week paid on a salary basis.2. Yes No The employee’s primary duty includes performing office or non-manual work.3. Yes No The employee customarily and regularly performs at least one of the exempt duties or responsibilities of an exempt executive, administrative, or professional employee. Computer Employee Exemption 1. Yes No The employee is paid on a salary or fee basis at a rate not less than $455 per week; or is paid at least $27.63 per hour.2. Yes No The application of systems analysis techniques procedures, including consulting with users, to determine hardware, software, or system functional specifications.3. Yes No The design, development, documentation, analysis, creation, testing, or modification of computer systems or programs, including prototypes, based on and related to user or system design specifications.4. Yes No The design, documentation, testing, creation, or modification of computer programs related to machine operating systems.5. Yes No A combination of the aforementioned duties, the performance of which requires the same level of skills. Outside Sales Exemption 1. Yes No The employee’s primary duty is making sales or obtaining orders or contracts for services or for the use of facilities for which a consideration will be paid by the client or customer.2. Yes No The employee is customarily and regularly engaged away from the employer’s place or places of business.Supervisor: Date: Personnel: Date: