FLSA Exemption Test Form - Minnesota State



PROFESSIONAL Learned professional: Primary duty is the performance of work requiring knowledge of an advanced type including the consistent exercise of discretion and judgment in a field of science or learning where the advanced knowledge is acquired by a prolonged course of specialized intellectual instruction.Creative professional: Primary duty involves the performance of work requiring invention, imagination, originality or talent in a recognized field of artistic or creative endeavor.Job Class: Click here to enter text.Class Code: Click here to enter text.Working Title: Click here to enter text.Agency: Choose an item.1.Is a prolonged course of specialized intellectual study in a field of science or learning required for this position?Fields of science or learning: include law, medicine, theology, accounting, actuarial computation, engineering, architecture, teaching, various types of physical, chemical and biological sciences, pharmacy and other occupations that have a recognized professional status and are distinguishable from the mechanical arts or skilled trades.Check One: YES ? NO ?Notes: Click here to enter text.2.What is the incumbent’s primary duty? Primary Duty: The principal, main, major, or most important duty that the incumbent performs. (May be found in “position purpose,” if listed on position description. Otherwise, look to responsibility assigned highest priority / percentage of time.)Response: Click here to enter text.3.Does the incumbent’s primary duty require the advanced knowledge / prolonged intellectual study as described in Question 1?Check One: YES ? NO ?Notes: Click here to enter text.4.What percent of the incumbent’s job duties require the degree / intellectual study referenced in Question 1 in order to be performed?Select one: Choose an item.5.What other type of duties (that may not require the degree) does the incumbent perform? Response: Click here to enter text.6.Does the incumbent’s primary duty require the consistent exercise of discretion and judgement? Note: Discretion and judgment does NOT include:Following prescribed procedures or determining which procedures to follow;Determining whether specified standards have been satisfied; Performing inspection functions by following established techniques and procedures;Formulating recommendations based upon the development of facts concerning conformity with a known standard; Comparing items based upon established standards; Screening applicants/conducting interviews to determine satisfaction of minimum qualifications; or Making decisions that do not commit the employer in substantial respects. Check One: YES ? NO ?Notes: Click here to enter text.7.For the Creative Professional only: Does the incumbent’s primary duty involve the performance of work requiring invention, imagination, originality, or talent in a recognized field of artistic or creative endeavor? For example… Does the position require creative or original analysis and interpretation?Check One: YES ? NO ?Notes: Click here to enter text.Does the individual have broad leeway to develop an original work product?Check One: YES ? NO ?Notes: Click here to enter text.Does the incumbent have the latitude to control their final work product?Check One: YES ? NO ?Notes: Click here to enter text.8.For Mixed Classes Only: What criteria does the agency rely upon when making the FLSA designation decision at the position level?Response: Click here to enter text.Is there a similar non-exempt position in State that does not require a degree? Check One: YES ? NO ?Notes: Click here to enter text.Other Considerations: Click here to enter text.Final Determination: Does this position meet the Professional Exemption Duties test? Check One: YES ? NO ?Notes: Click here to enter text. ................
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