FLSA White Collar Exemptions Checklist

by Practical Law Labor & Employment

A Checklist that outlines the requirements for classifying employees under the so-called white collar exemptions to the federal Fair Labor Standards Act (FLSA). This resource provides a framework for determining if an employee qualifies for the executive, administrative, professional (EAP), computer professional, outside sales, or highly compensated employee (HCE) exemptions from the FLSA's minimum wage and overtime pay requirements. This Checklist details the compensation and duties tests for each exemption, addressing the salary basis test, minimum salary levels, and the criteria for an employee's primary duty. It explores key considerations such as permissible salary deductions, the use of nondiscretionary bonuses, and special rules for specific roles like business owners and employees in educational establishments.