FLSA Overtime Exemptions and Exceptions Checklist

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FLSA Overtime Exemptions and Exceptions Checklist:

1. White Collar Exemption: Salary test ($35,568 per year or $684 weekly), duties test (primary duty must be office or non-manual work), and salary basis test (salary paid on a regular basis).

2. Executive Exemption:

   • Salary test: ($54,980 per year)
   • Duties test:
     • Primary duty is managing
     • Customarily and regularly directs the work of 2+ employees
     • Has authority to hire/fire or make significant employment decisions

3. Administrative Exemption:

   • Salary test: ($35,568 per year)
   • Duties test: primary duty must be non-manual, include discretion, judgment, and decision-making
   • Must also meet one of three duties tests:
     • (1) Office or non-manual work directly related to management policies or general business operations
     • (2) Financial work directly related to management policies or general business operations
     • (3) Advice, counsel, or training

4. Computer Exemption: primary duty must be working with computer systems or software, and meet one of two duties tests:

   • (1) Primary duty is programming, systems analysis, software development, or a related function
   • (2) Primary duty includes performing work related to the maintenance of computer systems, including repair, calibration, or modification

5. Outside Sales Exemption: primary duty must be making sales calls outside the employer's place of business.

6. Highly Compensated Employee (HCE) Exemption:

   • Must earn at least $107,432 per year ($114,145 in 2023)
   • Not subject to the duties test

7. Agricultural Employee Exemption: exempt if employed in an agricultural operation and their duties meet one of two tests:

   • (1) Work is in a bona fide job that is related to farming or ranching, including work as a farm manager
   • (2) Primary duty is performing manual labor for which the employee was hired by someone who is engaged in agriculture

8. Short Duration Exemption: certain workers may be exempt if they are working for short durations.

9. Student Loan Repayment Programs: some programs may qualify as a deduction from regular rate of pay, reducing overtime eligibility

By utilizing our FLSA Overtime Exemptions and Exceptions Checklist, your organization will be able to:

• Identify employees who are misclassified as exempt
• Ensure compliance with changing overtime regulations
• Prevent costly FLSA lawsuits and settlements
• Reduce the risk of fines and penalties
• Improve internal audits and reviews
• Enhance employee relations and communication
• Gain confidence in making informed business decisions
• Develop a culture of compliance and accuracy

1. Employee Classification
2. Salary Basis Test
3. Job Duties Analysis
4. Administrative Exemption Requirements
5. Professional Exemption Requirements
6. Computer Employee Exemption Requirements
7. Outside Salesperson Exemption Requirements
8. Highly Compensated Employee (HCE) Exemption Requirements
9. Commission Payments and Bonuses
10. Regular Rate Calculation
11. Overtime Calculations and Payable Amounts