This AHI form provides a checklist that is used to determine if an employee is eligible for FLSA exemption.
FLSA Exempt / Nonexempt Compliance Form
Category:
State:
Multi-State
Control #:
US-AHI-036
Format:
Word
Instant download
Description Flsa Exempt Versus Nonexempt
Free preview Exempt Nonexempt
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Nonexempt Form popularity
Exemption Tests Under Flsa Other Form Names
Nonexempt Contract
Exempt Nonexempt Template
Flsa Exempt Employees Duties Test
Nonexempt Agreement
Nonexempt Sample
Flsa Nonexempt File
Flsa Nonexempt Purchase
Flsa Nonexempt Statement FAQ
Non-exempt employees are workers who are entitled to earn the federal minimum wage and qualify for overtime pay, which is calculated as one-and-a-half times their hourly rate, for every hour they work, above and beyond a standard 40-hour workweek.
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).
Yes. Even when a position qualifies for exempt status an employer may prospectively change the status to nonexempt to help cure an attendance problem. As with all nonexempt positions, however, the employer will need to track the hours worked and pay overtime as appropriate.
An exempt employee is not entitled overtime pay by the Fair Labor Standards Act (FLSA). These salaried employees receive the same amount of pay per pay period, even if they put in overtime hours. A nonexempt employee is eligible to be paid overtime for work in excess of 40 hours per week, per federal guidelines.
The primary difference in status between exempt and non-exempt employees is their eligibility for overtime. Under federal law, that status is determined by the Fair Labor Standards Act (FLSA). Exempt employees are not entitled to overtime, while non-exempt employees are.
To meet the test for the creative professional exemption, an employee must have a primary duty that involves the performance of work requiring invention, imagination, originality or talent in a recognized field of artistic or creative endeavor (examples include actors, musicians, novelists, etc.).