Employers or Employees can use this free FLSA Exemption Checker to determine the likelihood that they are exempt from Minimum Wage and Overtime Laws. *WARNING* You should always consult with an attorney or the Department of Labor if you should have any questions about the FLSA exemption of your employee.* By pressing the below button to continue to Step 1, you are agreeing to Workforce 2080 LLC's terms of service and usage policy.
**Updated 4/7/2023 @ 9:15 PM CDT**
This FLSA Exemption Checker will use the following questions you answer to determine the likelihood that an employee is either exempt or non-exempt based on the answers you've provided. This decision is not final and is something the User must make on their own as well as consult counsel and the Department of Labor.
According to the FLSA and Part 541 of the CFR, there is an exemption from the Act's minimum wage and overtime requirements for any employee who is a Executive, Administrative, or Professional capacity (including any academic administrative personnel or teacher in elementary or secondary schools), or in the capacity of outside sales. There are also additional exemptions for computer systems analysts, computer programmers, software engineers, or other similarly skilled computer employees. To see this full document online, you can CLICK HERE.
Workforce 2080 LLC is taking you through the following questionnaire to help you determine the likelihood that your employee either is or is not exempt from overtime according to the FLSA's requirements. Job Title does *not* come up in the equation as this has absolutely no bearing on the employees exemption whatsoever.
Is this employee a manual laborer or other blue collar worker who performs work involving repetitive operations with their hands, physical skill and energy? Would you also consider them Non-management production-line employees or non-management employees in maintenance, construction and simliar occupations such as carpenters, electricians, mechanics, plumbers, iron workers, craftsmen, operating engineers, longshoremen, construction workers and laborers?
Is the employee a police officer, detective, deputy sherrif, state trooper, highway patrol officer, investgator, inspector, correctional officer, parole officer, probation officer, park ranger, fire fighter, paramedic, emergency medical technician (EMT), ambulance personnel, rescue workers, hazardous materials workers and similar employees, regardless of rank or pay level, who perform work such as preventing, controlling or extinguishing fires of any type; rescuing fire, crime or accident victims; preventing or detecting crimes; conducting investigations or inspections for violations of law; performing surveillance; pursuing, restraining and apprehending suspects; detaining or supervising suspected and convicted criminals, including those on probation or parole; interviewing witnesses; interrogating and fingerprinting suspects; preparing investigative reports; or other similar work?
Is this employees primary duty the management of the enterprise in which the employee is employed or of a customarily recognized department or subdivision thereof? Does this employee regularly direct the work of two or more other employees? Does this employee have authority to hire or fire other employees or whose suggestions and recommendations as to the hiring, firing, advancement, promotion or any other change of status of other employees are given particular weight?
Is this employee paid at a rate not less than $684 per week (or $455 per week if employed in the Commonwealth of the Northern Marina Islands, Guam, Puerto Rico, or the U.S. Virgin Islands by employersother than the Federal Government, or $380 per week if employed in American Samoa by employers other than the Federal government), exclusive of board, lodging or other facilities?
Is this employees primary duty to perform office or non-manual work directly related to the management or general business operations of the employer or the employer's customers? Is the primary duty include the exercise of discretion and judgement with respect to matters of significance?
Is this employee paid at a rate not less than $684 per week (or $455 per week if employed in the Commonwealth of the Northern Marina Islands, Guam, Puerto Rico, or the U.S. Virgin Islands by employersother than the Federal Government, or $380 per week if employed in American Samoa by employers other than the Federal government), exclusive of board, lodging or other facilities?
Is this employees primary duty to perform administrative functions directly related to academic instruction or training in an educational establishment or department or subdivision thereof?
Is this employee paid at a rate not less than $684 per week (or $455 per week if employed in the Commonwealth of the Northern Marina Islands, Guam, Puerto Rico, or the U.S. Virgin Islands by employersother than the Federal Government, or $380 per week if employed in American Samoa by employers other than the Federal government), exclusive of board, lodging or other facilities?
Is this employees primary duty to perform work such that requires knowledge of an advanced type in field of science of learning customarily acquired by a prolonged course of specialized intellectual instruction, required intervention, imagination, originality or talent in a recognized field of artistic or creative endeavor?
Is this employee paid at a rate not less than $684 per week (or $455 per week if employed in the Commonwealth of the Northern Marina Islands, Guam, Puerto Rico, or the U.S. Virgin Islands by employersother than the Federal Government, or $380 per week if employed in American Samoa by employers other than the Federal government), exclusive of board, lodging or other facilities?
Primary duty must be the performance of work requiring advanced knowledge in a field of science or learning customarily acquired by a prolonged course of specialized intellectual instruction. Example jobs are Registered or Certified Medical Technologists, Registered Nurses, Dental Hygienists, Physician Assistants, Accountants, Chefs, Paralegals, Athletic Trainers, Funeral Directors or Embalmers.
Is this employee paid at a rate not less than $684 per week (or $455 per week if employed in the Commonwealth of the Northern Marina Islands, Guam, Puerto Rico, or the U.S. Virgin Islands by employersother than the Federal Government, or $380 per week if employed in American Samoa by employers other than the Federal government), exclusive of board, lodging or other facilities?
Is this employees primary duty to perform work requiring invention, imagination, originality or talent in a recognized field of artistic or creative endeavor as opposed to routine mental, manual, mechanical or physical work in qualified fields such as Music, Writing, Acting and the graphic arts?
Is this employee paid at a rate not less than $684 per week (or $455 per week if employed in the Commonwealth of the Northern Marina Islands, Guam, Puerto Rico, or the U.S. Virgin Islands by employersother than the Federal Government, or $380 per week if employed in American Samoa by employers other than the Federal government), exclusive of board, lodging or other facilities?
Is the employees primary duty teaching, tutoring, instructing or lecturing in the activity of imparting knowledge and who is employed and engaged in this activity as a teacher in an educational establishment by which the employee is employed? Examples of these jobs include but are not limted to: Regular Academic Teachers, Teachers of Kindergarten or Nursery School Pupils, teachers of the gifted or disabled, teachers of skills and semi-skilled trades and occupations, teachers engaged in automobile driving instruction, aircraft flight instruction, home economics teachers, vocal or instrumental music instructors, coaches of athletic teams, acting as a moderator or advisor in drama/speech/debate/journalism.
Is this employee paid at a rate not less than $684 per week (or $455 per week if employed in the Commonwealth of the Northern Marina Islands, Guam, Puerto Rico, or the U.S. Virgin Islands by employersother than the Federal Government, or $380 per week if employed in American Samoa by employers other than the Federal government), exclusive of board, lodging or other facilities?
Is the employees a holder of a valid license or certificate permitting the practice of law or medicine or any of their branches and is actually engaged in the practice? Is the employe a holder of a requisite academic degree for the general practice of medicine and is engaged in an internship or resident program pursuant to the practice of the profession? ***There is no salary and salary basis requirement for bona fide practioners of law or medicine. To see more information on this, CLICK HERE.
Is the employee a computer systems analyst, computer programmer, software engineer or other similarly skilled worker in the computer field (This does **NOT** include employees engaged in manufacture or repair of computer hardware and related equipment)? Does this employee use the application of systems analysis techniques and procedures, including consulting with users, to determine hardware, software or system functional specifications? Does this employee design, development, documentation, analysis, creation, testing or modification of computer systems or programs, including prototypes, based on and related to user or system design specifications? Does this employee design, documentation, testing, creation or modification of computer programs related to machine operating systems?
Is this employee paid at a rate not less than $684 per week (or $455 per week if employed in the Commonwealth of the Northern Marina Islands, Guam, Puerto Rico, or the U.S. Virgin Islands by employersother than the Federal Government, or $380 per week if employed in American Samoa by employers other than the Federal government), exclusive of board, lodging or other facilities? Or, is the computer employee paid on an hourly basis at a rate of not less than $27.63 an hour?
Is this employees primary duty to make sales by obtaining orders or contracts for services or for the user of facilities for which a consideration will be paid by the client or customer and who is customarily and regularly engaged away from the employer's place or places of business in performing such primary duty? ***Please keep in mind that the salary requirements of the regulation **do not** apply to the outside sales exemption. To see this stipulation, please CLICK HERE.
As of 1/1/2020, an employee who earns a total annual compensation of at least $107,432 is deemed exempt under the FLSA if the employee customarily and regularly performs any one or more of the exempt duties or responsibilities of an executive, administrative, or professional exemption classifications. Is this employee highly compensated, and do they also perform one or more exempt duties from the Executive, Administrative, or Professional employee responsibilities?
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This page was last updated on 4/7/2023 @ 9:15 PM CDT
This FLSA Exemption Checker is free to use for the public and allows you to answer some simple questions to determine exemption of the employee. If you want to see the Code of Federal Regulations and wish to double-check any of these items (we strongly recommend), you can CLICK HERE .
Last Updated on 5/18/2024 @ 12:00 PM CDT