major assignments; 3) performs work that affects the organization’s operations to a substantial degree; 4) authority to commit
t
he employer in matters that have significant financial impact; 5) authority to waive or deviate from established policies and
procedures without prior approval; 6) authority to negotiate and bind the organization on significant matters; 7) provides
consultation or expert advice to mgmt.; 8) involved in planning long or short-term objectives; 9) investigates and resolves
matters of significance on behalf of mgmt.; and 10) represents the organization in handling complaints, arbitrating disputes, or
resolving grievances. (§551.206(b) and (c))
C. Professional Exemption (§551.207) – to apply this exemption criteria, must check the “Primary Duty” box AND all
the boxes of at least one of the two Professionals or Computer Employees listed below
☐ Primary duty must be the performance of 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 requiring invention, imagination, originality, or talent in a
recognized field of artistic or creative endeavor.
1. Learned Professionals (§551.208) – all boxes must be checked to apply this exemption criteria
☐ Primary duty must be the performance of work requiring advanced knowledge in a field of science or learning customarily acquired by a
prolonged course of specialized intellectual instruction; AND
☐ Perform work requiring advanced knowledge (cannot be attained at high school level) which is predominantly intellectual in character and
includes work requiring the consistent exercise of discretion and judgment; AND
☐ The advanced knowledge must be in a field of science or learning which includes the traditional professions of physical, chemical, and
biological sciences, accounting, actuarial computation, engineering, architecture, law, medicine, theology, teaching, and other
occupations as distinguished from mechanical arts or skilled trades; AND
☐ The advanced knowledge must be customarily acquired by a prolonged course of specialized intellectual instruction which restricts the
exemption to professions where specialized academic training is a standard prerequisite for entrance into the profession. On unusual
occasions, engineering technicians performing work comparable to that performed by professional engineers on the basis of advanced
knowledge may also be exempt (§551.208(3)(f)); however, they are also an example of an occupation that would not meet this particular
criteria (§551.208(3)).
2. Creative Professionals (§551.209) – must check the box in order to apply this exemption criteria
☐ Primary duty must be the performance of work requiring invention, imagination, originality, or talent in a recognized field of artistic or
creative endeavor as opposed to routine mental, manual, mechanical, or physical work. Examples include actors, musicians, composers,
conductors, soloists. Painters who, at most, are given the subject matter of their painting and writers who choose their own subject may
also be included. Employees engaged in the work of newspapers, magazines, television, or other media are not exempt creative
professionals if they only collect, organize, and record information that is routine or already public.
3. Computer Employees (§551.210) – all boxes must be checked to apply this exemption criteria
☐ Employee’s annual salary is not less than $23,660 (proposed to be $47,476), or hourly pay rate is not less than $27.63; and
☐ The employee must work as a computer systems analyst, computer programmer, software engineer, or other similarly skilled worker in
the computer field, performing duties described under primary duties below; and
☐ Primary duty must consist of: 1) the application of systems analysis techniques and procedures, including consulting with users, to
determine hardware, software, or system functional specifications; 2) 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; 3)
the design, documentation, testing, creation, or modification of computer programs related to machine operating systems; OR 4) a
combination of the aforementioned duties, the performance of which requires the same level of skills.
☐ The computer employee exemption does not include employees engaged in the manufacture or repair of computer hardware and related
equipment and does not include employees whose work is highly dependent upon, or facilitated by, the use of computers and computer
software programs, and who are not primarily engaged in computer systems analysis and programming or other similarly skilled
computer-related occupations. Check this box if position does NOT include these duties.
Final
Designation of FLSA Exemption Status: Non Exempt or Exempt
If Exempt, provide justification, including citing the applicable exemption criteria:
Name and Title of Evaluator:
Signature: _____________________________________________________________________
Date of Determination:
Note: FLSA determinations can temporarily change due to temporary activities as described in §551.211 (performing different work or
duties for a temporary period of time); §551.215 (fire protection activities); or §551.216 (law enforcement activities).