This AHI form provides a checklist that is used to determine if an employee is eligible for FLSA exemption.
Maine FLSA Exempt / Nonexempt Compliance Form
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State:
Multi-State
Control #:
US-AHI-036
Format:
Word
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FAQ
A: Unless specifically exempted, employees covered by Maine's overtime statute must receive pay for hours worked in excess of 40 in a work week at a rate not less than one and one-half their regular rates of pay. This is referred to as "overtime" pay.
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.
Maine exempts a collection of occupations from overtime entirely, including taxi drivers, certain salespeople, all farm workers, under-18 camp counselors, automobile mechanics, salespeople, and some drivers, members of the employer's immediate family, and employees involved in the perishable, agricultural, or meat/fish
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.
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.
The second type is for employees (commonly referred to as exempt) whose primary job duties meet the Executive, Administrative or Professional exemptions established in 26 MRS §663 (K). These employees are paid a predetermined fixed amount regardless of the hours worked.
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).
Overtime can be voluntary (it may be offered or requested by an employer during very busy periods) or compulsory (it can be guaranteed or non-guaranteed). It will depend on the terms and conditions of the contract whether overtime is: voluntary.
Generally, right to overtime pay cannot be waived.