FLSA Exemptions from Overtime Pay Explained Checklist

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FLSA Exemptions from Overtime Pay Explained Checklist

The Fair Labor Standards Act (FLSA) provides exemptions from overtime pay for certain employees. The following checklist outlines these exemptions:

1. Executive Exemption
   • Salary: $684 or more per week
   • Primary duty: Managing the organization or a department
   • Directly responsible for at least 2 full-time employees
2. Administrative Exemption
   • Salary: $684 or more per week
   • Primary duty: Office or non-manual work directly related to management policies
   • Involved in decision-making and supervising others
3. Professional Exemption
   • Salary: $684 or more per week
   • Requires advanced knowledge in a field (e.g., law, medicine)
   • Work involves discretion and independent judgment
4. Computer Employee Exemption
   • Paid at least $684 or more per week
   • Primary duty: Specially skilled work on computer systems
   • Highly specialized skills are required for this work
5. Outside Salesperson Exemption
   • Earns at least 1.5 times the minimum wage
   • Not regularly scheduled to work a fixed number of hours
   • Spends most time away from home soliciting business
6. Highly Compensated Employee (HCE) Exemption
   • Salary: $108,432 or more per year
   • May be exempt under one of the above exemptions

Important Notes:

• Even if an employee meets these criteria, they may still be eligible for overtime pay.
• Employers must maintain accurate records to verify FLSA exemption status.
• State laws may provide additional exemptions or requirements.

Accurate and efficient classification of employees, Reduced risk of audits and lawsuits, Compliance with regulations, Increased transparency and accountability, Better employee relations through clear expectations, Improved time tracking and record-keeping processes.

Here is a possible answer to the FAQ:

1. Professional Exemption A. Salary basis requirement B. Minimum salary threshold ($684/week) C. Primary duty test (40% or more of work time spent performing exempt work)

2. Administrative Exemption A. Salary basis requirement B. Minimum salary threshold ($684/week) C. Primary duty test (40% or more of work time spent performing administrative work) D. Discretion and independent judgment requirements

3. Executive Exemption A. Salary basis requirement B. Minimum salary threshold ($684/week) C. Primary duty test (40% or more of work time spent performing executive work) D. Management responsibilities

4. Outside Sales Exemption A. Compensation based on sales or service B. Not subject to minimum wage and overtime provisions

5. Computer Employee Exemption A. Salary basis requirement B. Minimum salary threshold ($684/week) C. Primary duty test (40% or more of work time spent performing computer work)