FLSA Exemption Test Worksheet 2025

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What Is the FLSA Duties Test? The Fair Labor Standards Act (FLSA) duties test is a way to distinguish between exempt and non-exempt employees. The FLSA is a federal law that was enacted to protect the rights of employees in regards to fair pay practices. This established protections like minimum wage and overtime pay.
There are three different tests commonly used to determine if a worker is an employee or independent contractor: The common law agency test. The economic realities test. The IRS 20-factor analysis.
The regulations exempt certain executive, administrative, and professional (EAP) employees from the FLSAs minimum wage and overtime pay requirements. To meet the exemption, EAP employees must generally meet three tests: the Salary Basis Test, the Salary Level Test, and the Duties Test.
As of January 1, 2025 employees must now make $1320 per week or $68,6400 per year to qualify. The FLSA also provides a highly compensated employee exemption, which covers well-paid personnel who perform some managerial duties. This new rule also increases the highly compensated employee threshold to $151,164 or more.
In most cases, there are three simple requirements to determine whether a worker is an exempt employee under California law: Minimum Salary. The employee must be paid a salary that is at least twice the state minimum wage for full-time employment. White Collar Duties. Independent Judgment.
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Employees may be considered exempt if they are paid a salary that cannot be reduced because of the quality or quantity of their work, earn less than the minimum salary requirement, and primarily perform executive, administrative or professional duties (duties test).
California sets a minimum salary for jobs to be classified as exempt. Jobs in California that pay less than $58,240 a year are generally classed as nonexempt. This figure, which is valid as of January 1, 2021, is double the state minimum wage of $14 an hour, multiplied by 52 40-hour workweeks.

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