Exempt Status Determination Questionnaire
(MA)

Summary

This questionnaire will help you determine whether an employee is exempt from minimum wage and overtime requirements in Massachusetts. It is intended for private employers. This template's language complies with Massachusetts 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. Both the Massachusetts Minimum Fair Wage Law 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 and certain computer professional employees are exempt from overtime requirements under federal law. In addition, under the FLSA and Massachusetts law, certain "highly compensated employees" are exempt from overtime pay and the minimum wage. Employees may also be exempt from minimum wage and overtime pay under the FLSA via a "combination exemption." The FLSA and Massachusetts law provide 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. For information on Massachusetts state law exemptions, see the "Exempt vs. Non-exempt" column of Wage and Hour State Practice Notes Chart and Wage and Hour (MA). For practice notes on FLSA exemptions, see 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. See also FLSA Exemption Pitfalls to Avoid Checklist.