Exempt Status Determination Questionnaire
(CO)

Summary

This questionnaire will help you determine whether an employee is exempt from minimum wage and overtime requirements in Colorado. It is intended for private employers. This template's language complies with Colorado and federal law. As a result, this template differs from the non-jurisdictional Exempt Status Determination Questionnaire (FLSA). Both Colorado's Minimum Wage Order and the federal Fair Labor Standards Act (FLSA) provide exemptions from overtime and minimum wage requirements for those employed as bona fide executive, administrative, professional, or outside sales employees. Retail sales employees are exempt from overtime requirements under federal and Colorado law. In addition, under the FLSA, certain "highly compensated employees" and certain computer professional employees are exempt. Employees may also be exempt under the FLSA via a "combination exemption." This questionnaire does not cover every exemption under Colorado law and the FLSA, such as those for farm laborers and students. The FLSA provides minimum protections for employees and does not prevent a state from providing greater protections; therefore, if Colorado law establishes a more protective standard for an employee than does the FLSA, Colorado law applies. 29 U.S.C. § 218; 7 Colo. Code Regs. § 1103-1; see also Redmond v. Chains, Inc., 996 P.2d 759, 764 (Colo. Ct. App. 2000). Conversely, if the FLSA provides a more protective standard for an employee than does Colorado law, the FLSA applies. 29 U.S.C. § 218; 7 Colo. Code Regs. § 1103-1. Accordingly, an employee must satisfy the test of at least one Colorado exemption and at least one federal exemption to be exempt from minimum wage and overtime wage laws. This template contains drafting notes that include definitions, provide additional practical guidance, and link to useful references. For information on exemptions under Colorado state law, see Wage and Hour (CO). For practice notes on FLSA exemptions, see Statutory Requirements and Exemptions, Non-White Collar Exemptions to Minimum Wage and Overtime Requirements under the FLSA, Motor Carrier Exemption and Other Exemptions to Overtime Requirements Only under the FLSA, White Collar and Sales Exemptions (FLSA) — Retail Sales Section 7(i) Exemption, Partial Overtime Exemptions under the FLSA, Exempt/Non-Exempt Employee Classification Audits: Key Considerations, and FLSA Exemption Pitfalls to Avoid Checklist. For a questionnaire on FLSA exemptions, see Exempt Status Determination Questionnaire (FLSA).