2019 Exempt Analysis Worksheet – Managerial/Executive ...

2019 Exempt Analysis Worksheet ? Managerial/Executive Exemption

This worksheet will help you determine if an employee qualifies under the managerial/executive exemption to the overtime laws. This worksheet should be used as a tool in conjunction with the Exempt Packet Guidelines, which provide additional information regarding this exemption. An employee is likely exempt if all of the requirements listed below are met. However, the completion of this worksheet does not imply or guarantee that the analysis of the position as exempt will be recognized as accurate by the Division of Labor Standards Enforcement.

Job Title

BASIC INFORMATION

Department

Employee Name

Supervisor and Title

Completed By

Date of Completion

SECTION I: Management Position

A person employed in an executive capacity has duties and responsibilities that involve the management of the enterprise in which he/she is employed or of a customarily recognized department or subdivision.

Describe the duties and responsibilities that apply:

Determination: Does the employee meet this section's requirements? (Circle one) Yes

No

SECTION II: Directs 2 or More Employees

A person employed in an executive capacity customarily and regularly directs the work of two or more other employees.

List the names and titles of at least two other employees who are customarily and regularly supervised by this employee:

Determination: Does the employee meet this section's requirements? (Circle one) Yes

No

2019 Exempt Analysis Worksheet - Executive/Managerial Exemption - Page 2

SECTION III: Authority to Hire and Fire

A person employed in an executive capacity has the authority to hire and fire other employees or whose suggestions and recommendations as to the hiring or firing and as to the advancement and promotion or any other change of status of other employees will be given particular weight.

Describe the authority that applies:

If the employee does not have authority to change the status of another employee, how much weight is given to his/her recommendations?

Determination: Does the employee meet this section's requirements? (Circle one) Yes

No

SECTION IV: Discretion and Independent Judgment

A person employed in an executive capacity customarily and regularly exercises discretion and independent judgment.

Describe the ways in which the employee customarily and regularly uses discretion and independent judgment:

Determination: Does the employee meet this section's requirements? (Circle one) Yes

No

SECTION V: Primarily Engaged

A person employed in an executive capacity is "primarily engaged" (over 50% of the time) in duties that meet the test of the exemption. Exempt work shall include, for example, all work that is directly and closely related to exempt work and work that is properly viewed as a means for carrying out exempt functions. List the employee's exempt and non-exempt duties and the percentage of time required for each.

Exempt Duties

% Of Time

Non-Exempt Duties

Total % % Of Time

Total %

Determination: Does the employee meet this section's requirements? (Circle one) Yes

No

2019 Exempt Analysis Worksheet - Executive/Managerial Exemption - Page 3

SECTION VI: Salary

A person employed in an executive capacity earns a monthly salary equivalent to no less than two times the state minimum wage for full-time employment. Full-time employment is defined as 40 hours per week.

For Employers with 25 or fewer employees: Effective January 1, 2019, based on the state minimum wage of $11.00 per hour, an exempt employee must be paid no less than $3,813.33 per month ($11.00 x 2080 = $22,880 times two = $45,760 per year divided by 12 = $3,813.33.

For Employers with 26 or more employees: Effective January 1, 2019, based on the state minimum wage of $12.00 per hour, an exempt employee must be paid no less than $4,160 per month ($12.00 x 2080 = $24,960 times two = $49,920 per year divided by 12 = $4,160.

Monthly Salary Amount: $

Determination: Does the employee meet this section's requirements? (Circle one) Yes

No

2019 Exempt Analysis Worksheet ? Administrative Exemption

This worksheet will help you determine if an employee qualifies under the administrative exemption to the overtime laws. This worksheet should be used as a tool in conjunction with the Exempt Packet Guidelines, which provide additional information regarding this exemption. An employee is likely exempt if all of the requirements listed below are met. However, the completion of this worksheet does not imply or guarantee that the analysis of the position as exempt will be recognized as accurate by the Division of Labor Standards Enforcement.

Job Title

BASIC INFORMATION

Department

Employee Name

Supervisor and Title

Completed By

Date of Completion

SECTION I: Duties and Responsibilities

A person employed in an administrative capacity has duties and responsibilities that involve either:

A) The performance of office or non-manual work directly related to management policies or general business operations of his/her employer or his/her employer's customers.

B) The performance of functions in the administration of a school system, or educational establishment or institution, or a department or subdivision thereof, in work directly related to the academic instruction or training carried on therein.

Describe the duties and responsibilities that apply:

Determination: Does the employee meet this section's requirements? (Circle one) Yes No

SECTION II: Discretion and Independent Judgment

A person employed in an administrative capacity customarily and regularly exercises discretion and independent judgment.

Describe the ways in which the employee customarily and regularly uses discretion and independent judgment:

Determination: Does the employee meet this section's requirements? (Circle one) Yes No

2019 Exempt Analysis Worksheet - Administrative Exemption - Page 2

SECTION III: General Supervision

A person employed in an administrative capacity either: A) Regularly and directly assists a proprietor, or an employee employed in a bona fide executive or administrative capacity; or B) Performs under only general supervision work along specialized or technical lines requiring special training, experience, or knowledge; or C) Executes under only general supervision special assignments and tasks.

Describe the tasks assigned to the employee which meets one or more of the above requirements:

Determination: Does the employee meet this section's requirements? (Circle one) Yes No

SECTION IV: Primarily Engaged

A person employed in an administrative capacity is "primarily engaged" (over 50% of the time) in duties that meet the test of the exemption. Exempt work shall include, for example, all work that is directly and closely related to exempt work and work that is properly viewed as a means for carrying out exempt functions. List the employee's exempt and non-exempt duties and the percentage of time required for each.

Exempt Duties

% Of Time

Non-Exempt Duties

Total % % Of Time

Total % Determination: Does the employee meet this section's requirements? (Circle one) Yes No

2019 Exempt Analysis Worksheet - Administrative Exemption - Page 3

SECTION V: Salary

A person employed in an administrative capacity earns a monthly salary equivalent to no less than two times the state minimum wage for full-time employment. Full-time employment is defined as 40 hours per week.

For Employers with 25 or fewer employees: Effective January 1, 2019, based on the state minimum wage of $11.00 per hour, an exempt employee must be paid no less than $3,813.33 per month ($11.00 x 2080 = $22,880 times two = $45,760 per year divided by 12 = $3,813.33.

For Employers with 26 or more employees: Effective January 1, 2019, based on the state minimum wage of $12.00 per hour, an exempt employee must be paid no less than $4,160 per month ($12.00 x 2080 = $24,960 times two = $49,920 per year divided by 12 = $4,160.

Salary Amount:

Determination: Does the employee meet this section's requirements? (Circle one) Yes No

2019 Exempt Analysis Worksheet ? Salesperson Exemption

This worksheet will help you determine if an employee qualifies under the salesperson exemption to the overtime laws. This worksheet should be used as a tool in conjunction with the Exempt Packet Guidelines, which provide additional information regarding this exemption. An employee is probably exempt if all of the requirements listed below are met. However, the completion of this worksheet does not imply or guarantee that the analysis of the position as exempt will be recognized as accurate by the Division of Labor Standards Enforcement.

Job Title

BASIC INFORMATION

Department

Employee Name

Supervisor and Title

Completed By

Date of Completion

OUTSIDE SALES

SECTION I: Minimum Age

A person employed in an outside sales capacity cannot be exempt from overtime if he/she is not 18 years of age or older.

Is the employee 18 years of age or older?

Determination: Does the employee meet this section's requirements? (Circle one) Yes

No

SECTION II: More Than 50% Of Time

A person employed in an outside sales capacity may be exempt from overtime if he/she spends more than 50 percent of his/her working time away from the employer's place of business, selling tangible or intangible items, or obtaining orders or contracts for products, services, or use of facilities. Work performed incidental to and in conjunction with the employee's own outside sales or solicitations, including incidental deliveries and collections, is not considered exempt work (i.e. delivery, repair and maintenance).

List the employee's job duties and the percentage of time required for each:

Determination: Does the employee meet this section's requirements? (Circle one) Yes

No

2019 Exempt Analysis Worksheet - Salesperson Exemption - Page 2

INSIDE SALES

An inside salesperson is one who sells merchandise in a store or sales lot (for example, car or RV sales lot) or one who sells a product or service via a company telephone. Certain inside sales employees working under Wage Orders 4 and 7 are exempt from overtime. This exemption applies to overtime only, not all other wage and hour laws.

SECTION I: Minimum Earnings

A person employed in an inside sales capacity may be exempt from overtime if his/her earnings exceed 1? times the minimum wage.

For Employers with 25 or fewer employees: Effective January 1, 2019, based on the state minimum wage of $11.00 per hour, an inside sales exempt employee must be paid no less than $2,860 per month ($11.00 x 2080 = $22,880 times 1? = $34,320 per year divided by 12 = $2,860).

For Employers with 26 or more employees: Effective January 1, 2019, based on the state minimum wage of $12.00 per hour, an inside sales exempt employee must be paid no less than $3,120 per month ($12.00 x 2080 = $24,960 times 1? = $37,440 per year divided by 12 = $3,120).

Employee's earnings: $

Determination: Does the employee meet this section's requirements? (Circle one) Yes

No

SECTION II: Commission

A person employed in an inside sales capacity may be exempt from overtime if more than half of his/her compensation represents commission.

Percentage of compensation representing commission:

Determination: Does the employee meet this section's requirements? (Circle one) Yes

No

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