FLSA Employee Classification Form

Authors: Michael Cardman, XpertHR Legal Editor, and Allen S. Kinzer, Vorys, Sater, Seymour and Pease LLP

When to Use This Form

It is a good practice for employers to document how they classify their employees under the Fair Labor Standards Act (FLSA). In the event of a lawsuit alleging a misclassification, the burden of proof is on the employer to demonstrate that an employee qualifies for exemption.

Customizable Form

FLSA Employee Classification Form

[Enter Date]

[Enter Employee Name] is classified as:

  • Nonexempt
  • Exempt executive
  • Exempt administrator
  • Exempt learned professional
  • Exempt creative professional
  • Exempt computer employee
  • Exempt outside salesperson
  • Exempt employee combining executive, administrator, professional, computer or outside sales duties
  • Exempt commissioned salesperson
  • Exempt other employee


[Enter Employee Name]'s primary duties include:



[Employee Name] is paid on a salary basis.

[If "yes," attach Salary Basis Test - Checklist]


Additional Resources

Employee Compensation > Employee Classification

Classify a Position as Exempt or Nonexempt - Liveflo