Exempt Status Determination Questionnaire
(IL)

Summary

This questionnaire will help you determine whether an employee is exempt from minimum wage and overtime requirements in Illinois. It is intended for private employers. This template's language complies with Illinois and federal law. As a result, this template differs from the non-jurisdictional Exempt Status Determination Questionnaire (FLSA). This template contains practical guidance and drafting notes. The federal Fair Labor Standards Act (FLSA) provide exemptions from overtime and minimum wage requirements for those employed as bona fide executive, administrative, and professional employees. Illinois law exempts executive, administrative, professional employees from overtime requirements only. Both Illinois law and the FLSA contain exemptions for outside sales employees. Retail sales employees are also exempt from overtime provisions under Illinois and federal law. The FLSA law also exempts retail certain "highly compensated employees," and certain computer professional employees. Under the FLSA, employees may also be exempt under a "combination exemption." This questionnaire does not cover every exemption under Illinois 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 Illinois law establishes a more protective standard for an employee than does the FLSA, Illinois law applies. 29 U.S.C. § 218. Conversely, if the FLSA provides a more protective standard for an employee than does Illinois law, the FLSA applies. 29 U.S.C. § 218. Illinois regulations state that for guidance in interpreting the Illinois Minimum Wage Law, the Director of the Department of Labor can look to regulations and interpretations of the FLSA. 56 Ill. Adm. Code 210.120. For information on exemptions under Illinois state law, see Wage and Hour (IL). For practice notes on FLSA exemptions, see the Statutory Requirements and Exemptions Practice Notes Page.