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THE FLSA AND YOUR JOB DESCRIPTION

This position may qualify to be exempt from minimum wage. It is the employer’s responsibility to prove that the position meets or exceeds all the qualifications for an exemption per the Fair Labor Standards Act.

In order to be overtime-exempt, the position must pass 3 criterion:

exceeds the salary threshold at the federal and state level- Link to Exemption Thresholds
Pass a duties test at the Federal and State level- Link to duties tests
Be paid a regular weekly wage (note if the employer docks an exempt employees weekly wage it may cause the exemption to LOST!)

If you can not demonstrate this position passes all 3 tests this position should be considered non-exempt and should be paid at an hourly rate of pay above your federal, state and local minimum wage. When employees in this position work more than 40 hours in a workweek they should be paid at time and a half for all hours worked.

RECOMMENDATION: At the time this job description is created the employer should complete an Exemption Test proving the position does indeed meet the exemption and maintain a copy of the test should the exemption be challenged.

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