Exempt Status Determination Questionnaire
(FL)

Summary

This questionnaire provides a list of questions to assist you in determining whether you can classify an employee as exempt from minimum wage and overtime requirements in Florida. It is intended for private employers. This template's language complies with Florida and federal law. It does not differ from the non-jurisdictional Exempt Status Determination Questionnaire (FLSA). The FLSA provides an exemption from overtime and minimum wage requirements for those employed as bona fide executive, administrative, professional, outside sales, or retail sales employees. Certain "highly compensated employees" and certain computer professional employees are also exempt. Employees may also be exempt under a "combination exemption." The FLSA provides additional exemptions, such as those for farm laborers and students, that this questionnaire does not discuss. The drafting notes include definitions, provide guidance to help you answer the questions, and point out additional references. For practice notes on FLSA exemptions, see Wage and Hour – 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.