How are FLSA Determinations Made?
When making FLSA determinations, classification specialists compare the duties of a position against one of four categories. These categories define duties/positions which should not be covered (should be made exempt) by the FLSA. If a position meets the criteria in any of these categories, it is identified as “exempt.” All employees who do not meet the criteria are coded as non-exempt and considered “covered by the provisions of the FLSA.” (All positions GS-4 and below are automatically coded as non-exempt.) When making FLSA coverage determinations, certain criteria are narrowly construed to assure the work performed by an employee is clearly within the terms and spirit of the exemptions listed below. The burden of proof in determining FLSA categories rests with the agency.
Related Questions
- Is the FLSA status of a position (exempt or non-exempt) considered final, or can determinations be appealed or changed based upon management comment?
- Is the FLSA status, (exempt/non-exempt determination), considered final or can determinations be appealed or changed based upon management comment?
- How are FLSA Determinations Made?
