Questionnaire to Determine Exempt Status Under the FLSA

This resource is under review following an injunction granted by the US District Court for the Eastern District of Texas enjoining the DOL's final rule increasing the minimum salary for most exemptions under the FLSA from $455 to $913 per week. For more information, see Legal Update, DOL's Final Rule Increasing Minimum Salary for FLSA Exemption Enjoined Nationwide: E.D. Texas.

A questionnaire to help determine an employee's status as exempt or nonexempt under the Fair Labor Standards Act (FLSA). This Standard Document addresses the executive, administrative, professional, computer professional, outside sales, commission sales, and highly compensated employee exemptions under the FLSA. This Standard Document has integrated notes with important explanations and drafting tips. For information on state law requirements, see the Wage and Hour Laws: State Q&A Tool.

Ryan E. Mick and Marilyn J. Clark, Dorsey & Whitney LLP with Practical Law Labor & Employment


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