This AHI form provides a checklist that is used to determine if an employee is eligible for FLSA exemption.
Vermont FLSA Exempt / Nonexempt Compliance Form
Category:
State:
Multi-State
Control #:
US-AHI-036
Format:
Word;
Rich Text
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FAQ
Farm workers, domestic employees, some nonprofit employees, taxi drivers, newspaper deliverers, salespeople, and students working during the school year are all exempt from overtime pay. Any executive, professional, or administrative employees are also exempt from overtime under the Federal FLSA.
The classifications of exempt or non-exempt determine an employee's status as outlined in the FLSA. While payment type and rate are two critical tests to determining one's exemption status, so too is the type of work that employee performs.
An exempt employee is an employee who does not receive overtime pay or qualify for minimum wage. Exempt employees are paid a salary rather than by the hour, and their work is executive or professional in nature.
Vermont law does not require overtime pay when you work more than eight hours in a day, or for work on weekend or holidays.
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.
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.
Vermont labor laws require an employer to pay overtime to employees, unless otherwise exempt, at the rate of 1½ times the employee's regular rate of pay for all hours worked in excess of 40 hours in a workweek. VT Statute 21-384. See FLSA: Overtime for more information regarding overtime requirements.
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).
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.
