Who’s exempt, who’s not? Free FLSA checklist helps you decide

Promoted in Aug. 28, 2007 HR Weekly — posted on HRS site Aug. 28 – Sept. 4

It’s a perennial HR challenge: Determining whether an employee is exempt from the overtime requirements of the Fair Labor Standards Act (FLSA).

It’s up to employers to determine whether to classify an employee as exempt or nonexempt under the FLSA. The key consideration: Exempt workers aren’t eligible for overtime pay. Rather, they’re paid for the job they do, not the hours they keep.

To comply with the FLSA, employers need to regularly review their employee classifications. Generally, two requirements must be met to classify an employee as exempt: 1) they must earn a salary and 2) hold a position with duties the U.S. Labor Department designates as appropriate for exempt positions.

Those positions generally fall into six categories:

  1. Executive
  2. Administrative
  3. Learned professional
  4. Computer professional
  5. Creative professional
  6. Outside sales.

Free FLSA checklist

But it’s not that simple. That’s why HR Specialist prepared a checklist to help you make FLSA calls. Use our “FLSA checklist: Exempt vs. nonexempt status” to determine which of your employees are exempt from the FLSA.

Payroll Handbook D

Click here to download your free checklist.

The file is in Adobe Acrobat’s .pdf format. You can download a free version of the software here.

Free HR Specialist white paper

For additional guidance on FLSA exempt and nonexempt status, read HR Specialist’s free white paper “Complying With the FLSA Overtime Rules.” The white paper provides details on the six exempt position categories and offers more advice on complying with the FLSA.

For a full description of the FLSA and its provisions, visit the U.S. Labor Department’s Web site at www.dol.gov/elaws/flsa.htm.