Editor’s note: The April 2024 overtime rule raises the standard salary-threshold levels for white-collar exemptions to overtime requirements in two phases. Workers who do not earn at least $43,888 ($844 a week) as of July 1, 2024, would have to be paid overtime, even if they’re classified as a manager or professional. The salary-level threshold rises to $58,656 a year ($1,128 a week) as of Jan. 1, 2025. There are automatic increases to the salary threshold every three years.
Note to employers: This questionnaire serves as a basic outline for an employer's initial analysis of positions being considered for exemption under the Fair Labor Standards Act (FLSA), and is meant to serve as one of several tools in such an analysis. Job titles are insufficient to determine exempt status. Additionally, state wage and hour laws may have different requirements. SHRM strongly recommends that employers have legal counsel review their exemption decisions.
Position title: ___________________________________
Employee name: __________________________________
Date: ______________________________________
Completed by: _______________________________
Completion of this questionnaire helps determine the exemption status of a position. Check the appropriate exemption (executive, administrative, professional, computer-related, outside sales or highly compensated), then check all boxes under the selected exemption that are applicable. To qualify for an exemption, all boxes must be checked for that exemption. Access the exemption regulations (29 CFR Part 541).
EXECUTIVE (examples: chief executive officer, controller, vice president, director)
Regularly receives a predetermined amount of pay constituting all or part of the employee's salary, which is not subject to reduction because of variations in the quality or quantity of work performed. Access the DOL’s salary basis information.
IIs paid at least $844 weekly (effective July 1, 2024) and then at least $1,128 weekly (effective Jan. 1, 2025).
ADMINISTRATIVE (examples: manager, supervisor, administrator)
Regularly receives a predetermined amount of pay constituting all or part of the employee's salary, which is not subject to reduction because of variations in the quality or quantity of work performed. Access the DOL’s salary basis information.
PROFESSIONAL: LEARNED AND CREATIVE (examples: accountant, nurse, engineer, composer, singer, graphic designer)
Regularly receives a predetermined amount of pay constituting all or part of the employee's salary, which is not subject to reduction because of variations in the quality or quantity of work performed. Access the DOL’s salary basis information.
Learned Professional
The advanced knowledge was acquired by a prolonged course of specialized intellectual instruction. (This knowledge may be demonstrated either by possessing the appropriate academic degree or by having substantially the same knowledge level and performing substantially the same work as degreed employees but possessing advanced knowledge only through a combination of work experience and intellectual instruction.)
Creative Professional
| ❑ | Primary duty consists of the performance of 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. |
COMPUTER-RELATED (examples: network or database analyst, developer, programmer, software engineer)
| ❑ | Is paid at least $844 weekly (effective July 1, 2024) and then at least $1,128 weekly (effective Jan. 1, 2025). OR $27.63 per hour. That is, this exemption does NOT have to meet the salary basis requirement to regularly receive a predetermined amount of pay constituting all or part of the employee's salary, which is not subject to reduction because of variations in the quality or quantity of work performed IF paid at least $27.63 on an hourly basis. |
| ❑ | Primary duty consists of: |
The application of system-analyst techniques and procedures, including consulting with users to determine hardware, software or systems functional specifications, OR
The design, development, documentation, analysis, creation, testing or modification of computer systems or programs, OR
The design, documentation, testing, creation or modification of computer programs related to machine-operating systems, OR
A combination of these duties which requires the same level of skills.
OUTSIDE SALES (examples: salespeople, contract negotiators)
The salary basis and salary requirements do NOT apply for this exemption. That is, this exemption does NOT have the salary basis requirement to regularly receive a predetermined amount of pay constituting all or part of the employee's salary, AND this exemption does NOT require payment of a minimum salary. Commission-only pay is allowable under this exemption.
| ❑ | Primary duty consists of making sales or obtaining orders for contracts for services or for the use of facilities for which consideration will be paid by the client or customer. |
| ❑ | Customarily and regularly is engaged away from the employer's place or places of business. |
HIGHLY COMPENSATED EMPLOYEES PERFORMING EXECUTIVE,
PROFESSIONAL OR ADMINISTRATIVE DUTIES
| ❑ | Is paid an annual total compensation of $151,164 or more, which includes at least $1,128 per week paid on a salary basis (effective Jan. 1, 2025). The required total annual compensation of $151,164 or more may consist of commissions, nondiscretionary bonuses and other nondiscretionary compensation earned during a 52-week period, but does not include credit for board or lodging, payments for medical or life insurance, or contributions to retirement plans or other fringe benefits. |
| ❑ | Primary duty consists of performing nonmanual office work. Note: No matter how highly paid, manual workers or other blue-collar workers, including nonmanagement construction workers, who perform work involving repetitive operations with their hands, physical skill and energy are not eligible for this exemption. |
| ❑ | Customarily and regularly performs at least one of the exempt duties or responsibilities of the executive, professional or administrative exemption. |