Question: Fair Labor Standards Act ( FLSA ) Designation Worksheet ( 5 CFR Part 5 5 1 ) ( Complete Worksheet in conjunction with Instructions for

Fair Labor Standards Act (FLSA) Designation Worksheet (5 CFR Part 551)

(Complete Worksheet in conjunction with Instructions for Completing the FLSA Designation Worksheet)

Position Title/Pay Plan/Series/Grade: Position Number/Organization/Organization Code:

I.Foreign Exemption (§551.212) and/or Exemption of employees receiving availability pay (§551.213)

If any of the boxes in this section are marked, the employee/position is Exempt and the remaining sections need not beapplied. See §551.104 for definition of Exempt Area. Refer to §551.212 when administering employees/positions meetingthe criteria for foreign exemption.

The employee is permanently stationed in an exempt area and spends all hours of work in a given workweek in one or more exempt areas(foreign exemption)

The employee is not permanently stationed in an exempt area, but spends all hours of work in a given workweek in one or more exempt areas (foreign exemption)

Criminal investigator receiving availability pay under §550.181(a), as provided in 29 U.S.C. 213(a)(16)

Pilot employed by U.S. Customs and Border Protection or its successor who is a law enforcement officer as explained in §551.213(b)

II.Salary based Nonexemption (§551.203) and/or Nonexemption of certain employees (§551.204)If any of the boxes in this section are marked, the employee/position is Nonexempt if: 1) none of the boxes in Section I are

checked; and 2) §551.208(c) Practice of law, §551.208(d) Practice of medicine, or §551.208(h) Teachers, do not apply tothe employee/position.

Annual rate of basic pay is less than $23,660

Equipment operating or protective occupations (nonsupervisory)

Clerical occupations (nonsupervisory)

Technician work below GS-09 and many, but not all, of those positions that are at or above GS-09 (nonsupervisory)

Nonsupervisory employees in the Federal Wage System (or comparable systems)

Employee/position requires highly specialized, technical skills and knowledge that can only be acquired through prolonged job trainingand experience, such as Air Traffic Control or Aircraft Operation (applies to nonsupervisory white-collar employees).

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