Exemption Status

Non-exempt and Exempt Job Classifications

All positions are designated as either exempt (salaried) or non-exempt (hourly) in accordance with federal wage and hour laws.

A non-exempt designation indicates that employees in these classifications are paid on a hourly basis and not exempt from the provisions of the laws, including overtime pay requirements. Hours worked in excess of 7.5 (or 8) hour per day or 37.5 (or 40) per week are considered overtime. All employees not classified as exempt must earn compensatory time or be paid overtime.

An exempt designation indicates that employees are exempt from these overtime provisions. Exempt employees are paid on a salaried basis and are not entitled to receive overtime compensation or compensatory time.

Criteria for Exemption

Under the FLSA regulations, a position is classified as exempt (salaried) only if the position meets the following tests:

  • Salary basis: salary is not reduced for quality or quantity of work.
  • Salary test: no less than the federally required semi-monthly rate; cannot be prorated for part time. Exceptions to the salary level test are provided for employees who fall into specific categories, primarily teachers, doctors, lawyers, academic administrative personnel and outside sales. Those employees do not need to meet the salary level test.
  • Duties test: determined by Human Resources based on the job description on file and guidelines provided by the Department of Labor.

Department of Labor Resources

Frequently Asked Questions

What is the Fair Labor Standards Act?

The Fair Labor Standards Act (FLSA) is a federal regulation enforced by the U.S. Department of Labor (DOL) that requires the payment of overtime to employees who are considered non-exempt (hourly). The regulations also contain requirements regarding exemption from overtime (salaried) with regards to the test a position must meet to be exempt.

What is overtime?

Overtime is paid to hourly employees at one-and-one-half times their regular rate of pay. For employees covered by a bargaining agreement, overtime eligibility is based on their contractual agreement. For employees on a 37.5-hour workweek, overtime is paid at a time-and-a-half rate for all hours worked over 7.5 per day or 37.5 per week. For employees on a 40-hour workweek, overtime is paid at a time-and-a-half rate for all hours worked over 8 per day or 40 per week.

How do I get approval to work overtime?

If you need to work more than 7.5 hours in a day or 37.5 hours in a week, you should speak with your supervisor to get approval first. Many departments require employees to get approval for overtime in advance. Regulations state if overtime is worked it must be paid, whether or not it was approved; however, a department may choose to implement disciplinary action for working unapproved overtime.

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