Questionnaire to Evaluate Exempt Status Under the FLSA

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

A Standard Document designed to assist employers and their counsel in evaluating an employee's exempt status under the federal Fair Labor Standards Act (FLSA). This questionnaire provides a structured framework for analyzing the requirements for several key exemptions, including the executive, administrative, professional, computer professional, outside sales, commissioned retail sales, and highly compensated employee (HCE) exemptions. It guides users through the critical compensation and duties tests necessary for proper employee classification, breaking down the salary basis test, fee basis options, and the primary duty analysis through targeted questions. This Standard Document is a practical tool for use when creating new positions, modifying existing roles, or conducting internal wage and hour audits. The questionnaire helps users navigate the complexities of federal wage and hour compliance by prompting a fact-specific analysis of an individual employee's circumstances, while also reminding users to consider applicable state and local laws which may impose different or additional requirements.