Fair Labor Standards Act (FLSA) Checklist

Use the Fair Labor Standards Act (FLSA) Checklist to verify compliance with labor laws, ensuring fair wages, overtime eligibility, and proper recordkeeping.​

Fair Labor Standards Act (FLSA) Checklist



EXECUTIVE EXEMPTION (5 CFR 551.205)

1. Does the employee customarily and regularly direct the work of two or more employees? (Customarily and regularly means more than occasional, but may mean less than all the time.)


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2. Does the employee have the authority to hire or fire other employees or whose suggestions and recommendations as to the hiring, firing, advancement, promotion, or any other change of status of other employees, are given particular weight by higher-level management? To have particular weight, these suggestions and recommendations must be an expected and frequent part of the employee's job upon which higher-level management must frequently rely.


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ADMINISTRATIVE EXEMPTION (5 CFR 551.206)

1. Do employees meet these primary duty requirements? • Is the work in or non-manual in nature? • Is the work directly related to the management or general business operations of the office or its customers (rather than "production" functions)? • Does the work include the exercise of discretion and independent judgment with respect to matters of significance?


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2. Does the employee have the authority to formulate, affect, interpret, and implement management policies or operating practices?


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3. Does the employee carry out major assignments in conducting the operations of the organization?


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4. Does the employee perform work that substantially affects the organization's operations, even if the assignments are related to the operation of a specific segment of the organization?


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5. Does the employee have the authority to commit to the employer in matters that have a significant financial impact?


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6. Does the employee have the authority to waive or deviate from established policies and procedures without prior approval?


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7. Does the employee have the authority to negotiate and bind the organization on significant matters?


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8. Does the employee provide consultation or expert advice to management?


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9. Is the employee involved in planning long- or short-term organizational objectives?


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10. Does the employee investigate and resolve matters of significance on behalf of management?


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11. Does the employee represent the organization in handling complaints, arbitrating disputes, or resolving grievances?


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12. Is a representative duty or responsibility of the position that matches or is equivalent to the above-mentioned points provided?


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PROFESSIONAL EXEMPTION (5 CFR 551.207) & LEARNED PROFESSIONAL EXEMPTION (5 CFR 551.208)

1. An employee whose primary duty is work requiring knowledge of an advanced type in a field of science or learning customarily acquired by a prolonged course of specialized intellectual instruction or work requiring invention, imagination, originality, or talent in a recognized field of artistic or creative endeavor. Check the box for the specialized field required: • Law • Medicine • Accounting • Education • Social Work • Other (identify) • Social Science • Instructional Systems • Museum Curator • Architecture • Engineering • Industrial Hygiene • Historian • Archivist • Librarian • Foreign Affairs


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CREATIVE PROFESSIONAL EXEMPTION (5 CFR 551.209)

1. An employee whose primary duty is the performance of work requiring invention, imagination, originality, or talent in a recognized field of artistic or creative endeavor rather than routine mental, manual, mechanical, or physical work. This requirement is generally met by actors, writers, musicians, composers, conductors, and soloists; painters who at most are given the subject matter of their work and writers who choose their own subjects and hand in a finished piece of work to their employers.


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COMPUTER EMPLOYEE EXEMPTION (5 CFR 551.210)

1. Is an employee’s earnings $27.63 per hour ($57,663 per year) or more and whose primary duties consist of one or more of the following? • The application of systems analysis techniques and procedures, including consulting with users to determine hardware, software, or system functional specifications • The design, development, documentation, analysis, creation, testing, or modification of computer systems or programs, including prototypes, based on and related to user or system design specifications • The design, documentation, testing, creation, or modification of computer programs related to machine operating systems • A combination of the aforementioned duties, the performance of which requires the same level of skills.


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EMPLOYEE-SPECIFIC EXEMPTION (5 CFR 551.212 Thru 5 CFR 551.216)

1. Does the employee serve on a foreign assignment located outside the U.S. and its territories as defined in 5 CFR 551.212 and follow the following? • The employee is permanently stationed in an exempt area and spends all hours of work in a given workweek in one or more exempt areas • The employee is not permanently stationed in an exempt area but spends all hours of work in a given workweek in one or more exempt area


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2. Serves as a criminal investigator or credentialed DS agent and receives Law Enforcement Availability Pay


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Checklist by GoAudits.com – Please note that this checklist is intended as an example. We do not guarantee compliance with the laws applicable to your territory or industry. You should seek professional advice to determine how this checklist should be adapted to your workplace or jurisdiction.

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