03/2017 4 Responsibilities 10. Instructions: 1. It is a fixed amount that is not subject to review. The DOL also said the final rule released on Tuesday will not make changes to the FLSA's "duties test." The final rule will go into effect on Jan. 1, 2020. FLSA Exempt Test. For most employees,17 the duties test for an administrative employee18 is satisfied only if the employee is primarily engaged in both of the following duties:19 FLSA Duties Test The Fair Labor Standards Act (FLSA) is a federal law that was first enacted in 1938 to protect the rights of employees, particularly in regards to fair pay practices. %PDF-1.5 %���� [Content_Types].xml �(� ̖MO�@��&��f��.x0�P�,�)4nw7;�¿wJ��(.Mڙy�g? Does the employee work in the software development field rather than in the computer hardware operations, manufacture, repair, or maintenance fields? Fair Labor Standards Act (FLSA) Changes Frequently Asked Questions The Fair Labor Standards Act (FLSA) establishes wage and hour regulations for employers. �j���@��DȁU! Found inside – Page 281Id . Conversely , regarding the administrative exemption for the Engineering Technician who also functions as the Radiation Safety Officer ( RSO ) , the Arbitrator concluded that the RSO position satisfied the tests for exemption under ... • Employees who meet the standard duties test and salary-basis test, and earn more than $47,476 annually, are exempt from overtime pay (the former threshold was $23,660). If so, give examples. h�b```��;� cb��eMO�'00���dn\�Q�� �R�8:::�Ȅ+F��@Z lH�2�-�,�����ɎI��7��L.����W��2�8���ѷ��@>��xSg�L�� �J � At the 2004 Personnel Workshops, participants learned that DOL has issued regulations related to wages, exemptions to FLSA, and compensation for overtime, travel and training . Found inside – Page iDisabilities: best practices for vulnerabilities associated with the ADA. Physical abilities testing. Wage and hour litigation. Clinical psychological testing for employee selection. Conducting compensation equity analyses. Relevant for the 2018 updated PHR and SPHR certification exam. Disclaimer: This book and its author are not affiliated with or endorsed by the HRCI®. Accordingly, HRCI has no representation regarding the content of this study material. Found inside – Page 27The training coordinator validated the test questions for the proposed sergeants ' exam . ... are compensated pursuant to the same salary schedule that is used for all City employees that are not exempt from the Fair Labor Standards Act ... FLSA Exemption Determination Checklist - Administrative Exemption. Found inside – Page 6743But it is clear from the validation of 6 , 1961 ) : Miller listed as the duties and the Fair Labor Standards Act ... registrars cease using the of the Government of the United States or questionnaire as an examination or test , un 12. Found insideThis book studies the history behind and application of the Fair Labor Standards Act in its three distinct areas of minimum wage, overtime pay, and child labour. To qualify, an employee's "primary duty" must be the performance of exempt work. The law establishes minimum wage, overtime premium pay for hours worked beyond 40 per week, and recordkeeping requirements. Found inside – Page cxliJob analysis is a process to identify and determine in detail the particular job duties and requirements and the relative ... for screening applicants • Interview questions • Selection tests/instruments (e.g., written tests, oral tests, ... A) The FLSA salary level test requires that an employee's salary must be at least $35,568 annually or $684 a week in order to be considered exempt from the overtime provisions. This is a helpful guide that outlines the different exemptions as classified by the FLSA. What Is the FLSA Exemption Test?. The FLSA classifies exemptions to employees in administrative, executive, professional, and computer-based roles. The federal regulations' general rule for exempt creative professional employees states that their duties must "requir[e] invention, imagination, originality, or talent in a recognized field of artistic or creative endeavor . 12. Final. Found inside – Page 362QUESTIONNAIRE PREPARED BY: Name: Date: Title: Basis for knowledge of job: Hold job now Supervise job Other, explain: Enclosure XIII-4: FLSA Checklist: Overtime Exemption To be considered Exempt. Iowa City, Iowa 52240, Benefits: 319-335-2676Payroll: 319-335-2381Administrative Services: 319-335-3558, The UHR Welcome Center is open 8:00am-5:00pm, Monday through Friday, Accessibility notice and website disclaimers. DOWNLOAD THIS FORM: Choose a link below to begin downloading. FLSA MANAGER QUESTIONNAIRE Rev. After reviewing the current Position Description, please complete this form if the Fair Labor Standards Act (FLSA) exemption is based on the Computer Employees Duties test. Relying on Title VII descriptions of "ministerial duties," the Fourth Circuit used a "primary duties" test to determine whether the exception applies. . "Non-Exempt" positions are those which are covered by the FLSA. determine a position's FLSA status in accordance with the Fair Labor Standards Act. 121 University Services Building, Suite 11 Fact Sheet 17R: Administrative Duties Test: Court . Yes No 2. Found inside – Page 63, typically involve the use of observational methods, self-report questionnaires, or structured interviewing techniques to collect ... The diminished role of the duties test was found to be inconsistent with the intent of the FLSA. Federal law states an employee must pass a duties test AND a salary test to be classified as exempt. The exemptions provided by FLSA Section 13(a)(1) apply only to "white-collar" employees who meet the salary and duties tests set forth in the Part 541 regulations. Found inside – Page 534Duties ( Tarltts ) SEE Tartits ( Taxes ) Followup on Actions Taken in Response to GAO Recommendations concerning ... Program E00524-001 Economically Disadvantaged Exploratory Evaluation and Field Test . ing of MIN Project Questionnaire ... The Fair Labor Standards Act (FLSA) establishes parameters for minimum wage, overtime pay, recordkeeping, and employing minors. Below is a comparison of the current and new FLSA Salary Basis Test: The FLSA's Professional Duties Test - Part 1. FAIR LABOR STANDARDS ACT (FLSA) EXEMPTION QUESTIONNAIRE. The "duties test" is one way the FLSA distinguishes exempt from nonexempt employees. Each employee is either non-exempt (covered and eligible for overtime) under FLSA or is exempt from the act based on the responsibilities of their position and their total salary. MANAGEMENT: An employee in this position performs work that is directly related to activities such as interviewing, selecting, and training employees; setting and adjusting In 2013, this amount was $921 per week, or $47,892 annually. Any employee who earns less than a minimum salary rate established by the Department of Labor is automatically non-exempt under FLSA regardless of classification title or duties. Does the employee work in the software development field rather than in the computer hardware operations, manufacture, repair, or maintenance fields? Posted: (3 days ago) FLSA Duties Test The Fair Labor Standards Act (FLSA) is a federal law that was first enacted in 1938 to protect the rights of employees, particularly in regards to fair pay practices. For each exemption, qualified employees must have a primary duty that meets requirements set forth in the FLSA regulations. 1. Next you must examine employees' duties to determine whether they meet the second prong of the exemption test. Outside Salesperson Test Do the employee's primary duties consist of making sales or obtaining orders away from the employer's premises? Salary alone does not determine exemption status but is one of . The questions and answers below highlight labor and employment topics as they relate to nonprofit organizations. Found inside – Page 118In addition , the questionnaire asked about each employee's educational background and relevant experience . ... As I reviewed your staff jobs , I relied on the FLSA's duties tests and kept all potential exemption tests in mind as I ... and is subject to the overtime provisions of the FLSA even if the position's duties meet the duties test for exemption. . Job Duties- Categories of Exemption: Executive Employees. Outside Sales Employees. The job duties test is arguably the most complex of the three. 3. Please use the FLSA Computer Employee Exemption Test to test those employees. Found inside – Page 1206Carter's Oct. 25 , 2004 questionnaire - along with the undisputed fact that the alleged discrimination occurred on July 6 ... The government argued that the investigators were exempt from the FLSA's overtime pay requirements , citing ... If you do not pass both tests, you must be paid for overtime hours worked under the law. The "duties test" is one way the FLSA distinguishes exempt from nonexempt employees. Overtime Provisions in the Fair Labor Standards Act (FLSA): Frequently Asked Questions Congressional Research Service Summary The Fair Labor Standards Act (FLSA), enacted in 1938, is the main federal legislation that establishes general wage and hour standards for most, but not all, private and public sector employees. Q. Found insideJury foreman's failure to reveal grand larceny conviction on questionnaire and during voir dire , by itself ... fails the long test for determining if a person is an exempt salaried employee under Fair Labor Standards Act ( FLSA ) ... 2. You must meet the standards of the exemption tests regardless of your job title. For a PDF version of the information below, please click here. The exemptions do not apply to Many employees are not entitled to this premium overtime pay, however, because they are . Please note that an employee must meet the salary basis test to be exempt under the FLSA. The law establishes minimum wage, overtime premium pay for hours worked beyond 40 per week, and recordkeeping requirements. Discretion and independent judgment for purposes of the administrative employee exemption under the Fair Labor Standards Act (FLSA) mean evaluating and comparing possible courses of conduct and making a decision based on the evaluation and comparisons. Courts in many jurisdictions, however, applied other tests. Please see The New Overtime Rule s for more information (Washington Nonprofits).. Washington State Overtime Pay - New rules in 2020. Do the duties directly or indirectly include the development of departmental or Institute policy and procedures? With 1,010 practice test questions, detailed explanations and 200 PHR Key Points, this book provides a complete test preparation for the PHR / SPHR Professional Human Resources certification exams. Found inside – Page 6In this case , the municipality failed the " salary test " for its employees . This means that the employees are not exempt from the FLSA and must be paid overtime . The United States Supreme Court has decided not to review this case ... The new FLSA regulations do not make any changes to the FLSA duties tests, which in general also must be satisfied for an employee to qualify for the FLSA overtime exemptions. Chamberlain, Kaufman and Jones is a law firm with a nationwide reputation in helping employees receive the wages they are due for all hours worked, specializing in overtime law specifically collection of unpaid overtime pay due under the Federal Fair Labor Standards Act (FLSA). GSA5025-17.pdf [PDF - 143 KB ] PDF versions of forms . Fair Labor Standards Act (FLSA) Questions usg.edu/hr My job title is "manager." Am I exempt from overtime pay? Found inside – Page 563These tests , which were administered in order to evaluate the responsibilities of unit managers against responsibilities ... Moreover , whether the unit managers ' duties are primarily managerial as in the precise wording of the FLSA ... Found inside541.118 ( a ) ( 5 ) , which require loss of ex- of labor's " salary basis " regulations deempt status when employee is ... 6 , 1991 , public sector em- and is therefore affirmed . poyees did not have to meet " salary test " Questions ... Yes No Computer-Related Professions Test 1. Fair Labor Standards Act Questions and Answers (FAQ's) As of May 18, 2016, the US Department of Labor revised the Fair Labor Standards Act. . If you have exempt managers who do client services or programmatic work or make a salary of less than $75,000 a year, your organization is required to pay them overtime compensation. Found inside – Page 109Job analysis is a process to identify and determine in detail the particular job duties and requirements and the relative ... for screening applicants • Interview questions • Selection tests/instruments (e.g., written tests, oral tests, ... See the FLSA duties test. In order to qualify for exemptions under FLSA, employees must meet the criteria in three tests: a salary basis test, a salary level test, and a duties test.In this article, we'll discuss these three tests and how employers can use them to determine employee exemption . Determination of an employee . The New Overtime Rules: A Legal Perspective from Washington Nonprofits on Vimeo.. b is YES, move to the remaining questions to determine whether the employees qualify for exemption. Federal law provides that employees may be exempt from the overtime wage provisions of the Fair Labor Standards Act in one of three general categories: EXECUTIVE, ADMINISTRATIVE and PROFESSIONAL. Job Duties. Test for Exemption. If the answers to Question 3a and b are NO, go to # 7. a. Found inside – Page 118In addition , the questionnaire asked about each employee's educational background and relevant experience . ... As I reviewed your staff jobs , I relied on the FLSA's duties tests and kept all potential exemption tests in mind as I ... Professional Employees. It also differs depending on which of the exemptions you apply: executive, administrative, professional, outside sales, or computer. Irrespective of how they are paid (salary or hourly), to be exempt from the FLSA overtime rules requires that employees perform relatively high-level job tasks. In order to determine employee FLSA status classification, an employer must answer the questions about the employee and his or her duties. The duties associated with each role can be used to determine exemption. Please refer to the FLSA Index (pages 6-11 of this document) for a description of the terms in boldand referenced by a superscript. The Fair Labor Standards Act (FLSA) is a federal law that was first enacted in 1938 to protect the rights of employees, particularly in regards to fair pay practices. Yes No 2. Administrative Exemption - To pass this job duties test, employees must perform non-manual work, manage "back office" general business operations and have decision-making authority on significant matters. Under Fair Labor Standards Act (FLSA) Page 3 Step 3: Conduct job analysis If the employee passes BOTH the salary test (excluding outside sales) and the preliminary exemption criteria review, then a thorough job analysis of the duties actually performed by each employee becomes the key in determining exempt status. The DOL said the agency has not set a timeframe for any automatic updates to the overtime eligibility threshold beyond what is included in the final rule. Found inside – Page 150... and minimizes FLSA salary adjustments , we will likely experience a cost savings in operations . ... the Spanish Origin Question : National Test on Spanish Origin ( NTSO ) , and Lower Manhattan Census Trace Sample , 1975 Prepared by ... Why do I have to participate? Found inside – Page 6527Care ) asford Congress wide scope to dein the precinct 3 months . questions asked of and answers given by each ren.cans for ... 1961 ) : Miller listed as the duties and TRATION OATH USED IN DALLAS COUNTY , to Fair Labor Standards Act ... To be classified as exempt, state and federal overtime exemption rules have generally required that executive, administrative, and professional employees meet a three-part test: the worker must be paid a predetermined and fixed salary, the salary must meet a minimum threshold, and the job duties must primarily involve executive, administrative, or professional duties as defined by the regulations. Found inside – Page 434... 131-132 , 134 , 141-142 , 147 guidelines on sexual harassment , 94 and test validation , 141-142 violations and ... 145-146 Executive Position Description Questionnaire ( EPDQ ) , 124 Expectancy theory , 170-172 Expectations ... Read the criteria for each exemption category. The Fair Labor Standards Act is a federal law that establishes the federal minimum wage, overtime pay, recordkeeping, and child labor standards. Posted: (5 days ago) The standard duties tests of the final regulations are effective August 23, 2004, and are as protective as, if not more protective than, the short duties test of the old regulations. Fair Labor Standards Act (FLSA) Overtime Regulations Checklist #2 - SALARY AND DUTIES TESTS FOR ADMINISTRATIVE EXEMPTION FROM OVERTIME Effective August 23, 2004 If questions A, B, and C, or questions A and D, are all answered "yes," the employee meets the administrative exemption test. FAIR LABOR STANDARDS ACT (FLSA) QUESTIONNAIRE . 1. The duties test is where things start to get complicated. The FLSA covers the entire U.S., but most states also have their own regulations and laws dictating overtime exemptions. FLSA duty tests (or exemption test) can be administered by HR personnel. Fair Labor Standards Act (FLSA) Duties Test Questionnaire - Exempt or Non-Exempt Instructions: 1. To qualify for exemption under the regulations, the employee also must meet the "duty test.". Questionnaire to Determine FLSA Exempt Status Instructions This questionnaire can be used to help determine whether an employee is exempt or nonexempt under the Fair Labor Standards Act (FLSA), though it is not a substitute for obtaining advice of counsel, nor does this questionnaire constitute legal advice. Found inside – Page 654L. 92-392 ; Fair Labor Standards Act , as amended Purpose ... of the Navy and Department of Defense in the performance of their official duties and as specified by current Instructions and Regulations promulgated by competent authority ... Describe the specific projects and assignments for which this position is responsible. Duties Test. Created 12/2017, last updated 6/2019 Found inside – Page 302Strategies for Workforce Planning & Assessment Carrie A. Picardi. organizing and analyzing data, 72–75, 74 (table) qualitative information, 73 quantitative information, 72 questionnaires, 63–68, 69 questions for, 53–54 sources of ... If the incumbent in the position earns less than the minimum required salary ($35,568 per year or $684 per week), the position is considered non-exempt and is subject to the overtime provisions of the FLSA. The law establishes minimum wage, overtime premium pay for hours worked beyond 40 per week, and recordkeeping requirements. Determining employee classification and exemptions per the Fair Labor Standards Act (FLSA) can be a tricky task for employers. FAIR LABOR STANDARDS ACT (FLSA) EXEMPTION QUESTIONNAIRE. The Fair Labor Standards Act is designed to insure that wage earners are compensated for overtime hours and provides . Duties test To be considered exempt after the FLSA changes, an employee must first meet FLSA "duties test" relating to job responsibilities and then the the salary test of $913 per week or $47,476 annually. At the 2004 Personnel Workshops, participants learned that DOL has issued regulations related to wages, exemptions to FLSA, and compensation for overtime, travel and training . - DOL. Salary Test Employees must receive a gross pay amount of at least $455 per week or $27.63 per hour in order to be exempt from FLSA provisions (including overtime pay . The DOL's proposed rulemaking sets forth three key proposed changes to the current FLSA regulations: A new minimum salary level to qualify for the white collar exemption standard salary-level test, which is set at the 40th percentile of weekly earning for full-time salaried workers. The minimum salary rate is $684/week ($35,568/year). If an employee earns more than $35,568 per year, his or her overtime eligibility is determined by looking at job responsibilities. Executive. Found inside – Page 311rating descriptions, 36—37 specificity, 40—41 personal liability, FLSA and, 133—134 personal protective equipment, ... 48—50 salaried workers, 100 salary test, for white collar exemptions, 127—129 sales workers category (EEO—1 form), ... The Fair Labor Standards Act (FLSA) generally requires that employers pay employees a time-and-half premium wage for hours worked past 40 in a workweek. 187 0 obj <>stream In most circumstances, yes. 121 University Services Building, Suite 11, Employment Categories and Classifications, United States Department of Labor web site. Found inside – Page 8399Iryo 22 : 1417-24 , Dec 68 ( Jap ) ( Reappraisal of health questionnaire checking with Minnesota Multipbasic Personality Inventory ... SCHIZOID see under PERSONALITY DISORDERS ( F2 ) PERSONALITY TESTS see under PSYCHOLOGICAL TESTS ( E1 ... Non-exempt employees are considered hourly employees. This section helps you in determining whether a particular employee who performs work in a recognized professional field (e.g., law, medicine, science, music, art, teaching) meets the duties tests for exemption from the minimum wage and overtime pay requirements of the FLSA. It is not enough to meet one test but not the other unless the claimed exemption is one for a professional whose duties alone make them exempt regardless of the salary paid or if other specific rules apply, such as in higher education (see #4 above and #1 Note). Found inside – Page 43-580Therefore , those positions meet the second part of the " executive " employee duties test . ( 3 ) Who customarily and regularly directs the work of ... The questionnaires you provided stated that each employee's recommendation is given ... An employee is not paid on a salary basis if deductions from the employee's predetermined compensation are made for absences occasioned by the employer or by the operating requirements of the business. Found inside – Page 42162Safeguards : Records are available only to authorized personnel whose duties require access . ... test scores , responses to test items and questionnaires , interview data and ratings of supervisors regarding the individuals to whom the ... "�A�� �� ��@�; The Fair Labor Standards Act (FLSA) has been around since 1938. Blue-Collar Workers. WORKER CLASSIFICATION GUIDANCE: PAYCOM IMPLEMENTATION WINTER 2019 Duties Test Questions Administrative Exemption 1. • Onsite Supervisor must sign the form. However, here is a general overview. The salary exempt test is a part of the Fair Labor Standards Act (FLSA) which is used to determine whether employees are exempt or non-exempt from overtime pay. Job titles are insufficient to determine exempt status. Found inside – Page 58distinction is actually provided for in the FLSA statute itself , not in the agency rules . ... help to determine which employees perform administrative , professional , and executive duties , as defined by the white collar rules . duties of an exempt executive, administrative or professional employee identified in the standard tests for exemption. The DOL fact sheets provide more specifics on the duties test. 158 0 obj <> endobj Does the employee exercise discretion and independent judgment (meaning, is the person filling the Specific job duties vary widely among the four major fields of accounting: public, management, government and internal.For assistance in determining whether an employee performing these or similar duties meets the duties tests for exemption from the FLSA's minimum wage and . 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