FLSA - Exemption Status

Staff Compensation Plan Section 6.K

The term “non-exempt” refers to jobs that are not exempt from legal overtime requirements. This means that staff in non-exempt jobs are entitled to overtime pay for all time worked beyond 40 hours in a week. In accordance with legal requirements, whether a job is classified as exempt or non-exempt depends on the content of the job. It does not depend on how the staff member (or the supervisor) wants the job to be classified. HR makes the final decision as to whether a job is exempt or non-exempt, based on an analysis of the job as compared to Federal regulations.

If a supervisor feels an analysis should be conducted, then the supervisor should complete the the Fair Pay Check List and Fair Pay Questions document.

If a job is classified as non-exempt, staff are entitled to receive overtime compensation for each hour worked beyond 40 hours in a work week. The overtime rate of pay is 1½ times the regular hourly rate for each hour worked (not for each hour paid). Prior to working beyond the normally scheduled hours, staff should get approval from the supervisor.

In some instances, based on the needs of the department, some overtime may be a condition of employment or continued employment. In other situations, a job’s work schedule may be different from the typical University work week so that evening and weekend coverage can be provided without the University having to incur the expense of overtime pay. Supervisors are responsible for letting staff know the needs of the department and each staff member’s expected schedule.

If a staff member works in more than one job at the University, the supervisor should check with HR to determine the appropriate pay band and pay for the staff member.

For additional information please see the Department of Labor’s Website.

Fair Pay Analysis Documents

Fair Pay Check List

Fair Pay Questions