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Note to Employers: This questionnaire serves as a basic outline for an employer's initial analysis of positions being considered for exemption under the FLSA and is meant to serve as one of several tools in an employer's analysis. Job titles are insufficient to determine exempt status. SHRM strongly recommends that employers have legal counsel review their analysis efforts and exemption decisions.
Completed by: __________________________________
Completion of this questionnaire helps determine the exemption status of a position. Check the appropriate exemption (Executive, Administrative, Professional, Computer-Related, Outside Sales and Highly Compensated). Then check all boxes under the selected exemption that are applicable. To qualify for an exemption, all boxes must be checked for that exemption. To access the Department of Labor (DOL) online resources for FairPay (CFR 29, Part 541), click here.
EXECUTIVE (examples: chief executive officer, controller, vice president, director)
To link to the DOL Executive Exemption information, click here.
ADMINISTRATIVE (examples: manager, supervisor, administrator)
To link to the DOL Administrative Exemption information, click here.
PROFESSIONAL: LEARNED AND CREATIVE (examples: accountant, nurse, engineer, composer, singer, graphic designer)
The advanced knowledge was acquired by a prolonged course of specialized intellectual instruction (position possesses the appropriate academic degree or has substantially the same knowledge level and performs substantially the same work as degreed employees but possesses advanced knowledge only through a combination of work experience and intellectual instruction)
To link to the DOL Professional Exemption information, click here.
COMPUTER-RELATED (examples: network or database analyst, developer, programmer, software engineer)
The application of system-analyst techniques and procedures, including consulting with users to determine hardware, software or systems functional specifications, ORThe design, development, documentation, analysis, creation, testing or modification of computer systems or programs, ORThe design, documentation, testing, creation or modification of computer programs related to machine-operating systems, ORA combination of these duties which requires the same level of skills.
The application of system-analyst techniques and procedures, including consulting with users to determine hardware, software or systems functional specifications, OR
The design, development, documentation, analysis, creation, testing or modification of computer systems or programs, OR
The design, documentation, testing, creation or modification of computer programs related to machine-operating systems, OR
A combination of these duties which requires the same level of skills.
To link to the DOL Computer-Related Exemption information, click here.
OUTSIDE SALES (examples: salespersons, contract negotiators)
The salary basis and salary requirements do NOT apply for this exemption. That is, this exemption does NOT have the salary basis requirement to regularly receive a predetermined amount constituting all or part of the employee's salary, which is not subject to reduction because of variations in the quality or quantity of work performed, AND this exemption does NOT have to be paid a minimum salary.
To link to the DOL Outside Sales Exemption information, click here.
HIGHLY COMPENSATED EMPLOYEES PERFORMING EXECUTIVE,
PROFESSIONAL OR ADMINISTRATIVE DUTIES
To link to the DOL Highly Compensated Exemption information, click here.
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