Exempt/Non-Exempt Employee Determination Guide
Where an exemption is claimed, a copy of this worksheet should be kept in the employee’s personnel file to substantiate the exemption.
EXEMPTION WORKSHEET
Employee Name:
Job Title:
Department:
Employee’s Supervisor:
Date:
INSTRUCTIONS: Complete this after reviewing the employee’s current job description and consulting with the employee’s supervisor.
Employees can be classified as exempt under one or more of the following exemption categories:
• professional;
• administrative;
• executive;
• outside sales; and
• computer-related professional.
To qualify under any one of these exemptions, all numbered items must be answered in the affirmative for the respective
exemption test — that is, professional; administrative; executive; outside sales; or computer-related professional.
Note that only salaried employees are eligible for executive, administrative and professional exemptions.
All EMPLOYER positions generally meet the salary threshold requirement of $455 per week. Computer professionals must earn an
hourly rate of at least $27.63 an hour to be eligible for a Fair Labor Standards Act (FLSA) exemption. Outside salespersons need not
be paid any salary if their compensation is based solely on commission.
PROFESSIONAL EXEMPTION TEST
1. Is the employee’s primary duty:
• Work requiring an advanced knowledge normally acquired through a prolonged course of study; OR YES
NO
• Original or creative work of an artistic type?
YES
NO
ADMINISTRATIVE EXEMPTION TEST
1. Do the employee’s primary duties consist of office or nonmanual work directly related to management
policies or general business operations?
YES
NO
2. Does the employee customarily and regularly exercise discretion and independent judgment on
matters of significance?
YES
NO
EXECUTIVE EXEMPTION TEST
1. Is the employee’s primary duty the management of a customarily recognized department or subdivision?
YES
NO
2. Is the employee’s primary duty