Fair Labor Standards Act
A goal of the Personnel Cabinet is to ensure that all agencies of the Executive Branch of state government are in total compliance with the Fair Labor Standards Act (FLSA). New regulations were established by the U. S. Department of Labor effective August 23, 2004. The purpose of the new rules is to update outdated language in the FLSA regulations, simplify the regulations making them easier to understand, increase the minimum salary level required for exemption status and better define job duties of executives, administrators and professionals. To ensure compliance, the Personnel Cabinet developed a determination FLSA test based on the U. S. Department of Labor regulations.
The federal statutes and regulations require that the appropriate "test" be applied to each individual who is exempt from the overtime provisions of FLSA.
[Personnel Memo July 28, 2004] (PDF - 54 KB)
[Fair Labor Standards Act Compliance Certification Form] (MSWord - 38 KB)
[Fair Labor Standards Act Summary Document] (PDF - 122 KB)
[FairPay Overtime Initiative] 
[FairPay Regulations] 
[Frequently Asked Questions] 
[Training Video Presentations] 
[U.S. Department of Labor Home Page] ^Top
||Instructions for Completing Excel FLSA Exempt Test:
The EXCEL link should be used to complete the updated Fair Labor Standards Act Exempt Form. The EXCEL link contains two work sheets. Download a copy of the workbook to your hard drive prior to completing the form. Links are also provided for a word and PDF version of the test and form. The word and PDF version documents will not automatically populate the exempt form, but can be printed and completed manually.
EXCEL: Sheet 1 - Test:
This is the documentation for determining FLSA exempt or non-exempt status. It defines the requirements and has Yes / No questions for each area. There are also factors listed that help in answering the questions. Be sure to mark all the factors that apply and most importantly, answer all of the Yes / No questions.
EXCEL: Sheet 2 - Form:
This is the summary form of all the questions from the Test worksheet. They are populated from the Test worksheet automatically, and cannot be over ridden on this page. The final Exempt or Non-Exempt status is derived from answers to the questions. Fill in the required information at the top of the form. Print, sign and date the form and place it in the employee's file. If you want to save a soft copy for each employee, save the entire workbook -- not just the Form page. The answers to the Yes / No questions will be lost otherwise.