Exempt Employees

FLSA provides an exemption from the overtime pay requirements of the Act for certain kinds of positions and duties. Employees whose duties meet the tests for exemption are commonly referred to as "exempt employees." This means that the overtime provisions of FLSA do not apply to those positions. It is important to note that whether a position qualifies for exempt status must be determined based on the duties for that specific position. Titles alone are not sufficient to determine the status of a position under FLSA.

The Classification Team will make a determination on the exempt or non-exempt status of Administration or Staff positions based on responses to a Position Description. For Temporary (formerly OPS) positions, this determination is made based on an OPS Salaried Duties and Responsibilities Form. In order to qualify for exempt status, positions generally must meet three tests:

• Salary Level Test - In most cases, exempt employees must be paid at a rate not less than $455 per week. This amount cannot be prorated for employees who meet the duties tests for exempt status, but do not work full-time. Regardless of the time worked, the salary for an exempt employee must be at least $455 per week.
• Salary Basis Test - Generally, exempt employees must be paid their full salary for any week in which they do any work. Compensation cannot be reduced because of variations in the quantity or quality of work, or the hours worked. This is known as the "no-pay docking" rule. There are provisions under FLSA for certain permitted salary deductions and for leave administration. The regulations are complex, and any questions about proper procedures for paying exempt employees on a salary basis should be referred to the Classification Team in Human Resources.
• Duties Test - The specific position duties must qualify under one of the duties tests provided by the Act. The Classification Team is trained to make determinations as to whether the duties of a position will meet FLSA criteria. For more information on the duties tests, you may want to read the fact sheets available on the Department of Labor's Fact Sheet.

Training on FLSA Compliance

The U.S. Department of Labor has an excellent PowerPoint presentation on FLSA available at their web site. To view the DOL PowerPoint presentation with an overview or the Fair Labor Standards Act requirements (see link under FIND IT).

Additionally, the Classification Team can provide a training presentation on FLSA for managers and supervisors. To schedule a presentation for your department, contact your HR Services Consultant in your Service Center (see link under FIND IT) to schedule your training session.

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