Exempt Status Determination Questionnaire
(FLSA)

Summary

This questionnaire provides a list of questions to assist you in determining whether you can classify an employee as exempt from the Fair Labor Standards Act (FLSA) requirements. This template includes practical guidance and drafting notes. The FLSA provides an exemption from overtime and minimum wage requirements for those employed as bona fide executive, administrative, professional, or outside sales employees. Certain "highly compensated employees" and certain computer professional employees are also exempt. Employees may also be exempt under a "combination exemption." In addition, certain retail sales employees are exempt from overtime (but not the minimum wage) under the retail sales 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 ask follow-up questions, and also point out additional references. This non-jurisdictional template is the foundation for our state questionnaires to determine exempt status. This template has not been tailored for any jurisdiction. You can use this template alone or in combination with state-specific questionnaires to determine exempt status to build your own customized exemption questionnaire. For information on state law exemptions, see the "Exempt vs. Non-exempt" column of Wage and Hour State Practice Notes Chart. For practice notes on FLSA exemptions, see Exempt vs. Non-exempt; 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; and Exempt/Non-Exempt Employee Classification Audits: Key Considerations. See also FLSA Exemption Pitfalls to Avoid Checklist. [>] Videos. For a three-video suite on avoiding and defending wage and hour claims, see Avoiding Wage and Hour Claims Non-Exempt Employees Video, Avoiding Wage and Hour Claims—Exempt Employees and Independent Contractors Video, and Wage and Hour Claims Defense Video. For practice quick tips on responding to claims for unpaid off-the-clock time, see Wage and Hour Claims Defense: Responding to Claims for Unpaid Off-the-Clock Time Video. For a video on the retail and inside sales exemption, see Retail and Inside Sales Exemption Video.