Compliance and Legal Requirements
The University will comply with the Federal Fair Labor Standards Act (FLSA) and applicable State laws governing minimum wages and overtime pay. All employees are classified as “exempt” or “non-exempt” under applicable legal tests.
“Exempt” employees are not subject to minimum wages and overtime pay provisions of the FLSA. “Nonexempt” employees are subject to the wage and hour provisions. Under the FLSA, most non-exempt employees must be paid:
· At least the federal minimum wage and
· Time and one half (11/2) the employee’s regular rate of pay for all hours worked in excess of 40 in a workweek.
The payment of overtime to non-exempt employees who work more than 40 hours in a workweek is a legal requirement. Directors/Managers may not tell non-exempt employees that they are ineligible for overtime pay. Directors/Managers who make such statements may be subject to progressive counseling up to and including termination.
An employee’s exemption status is dependent upon a variety of factors. The Human Resource Services Department determines exemption status, according to FLSA guidelines. Questions regarding exempt/non-exempt status should be directed to HRS.
Departments must maintain adequate records of all hours worked (including overtime/compensatory time worked by non-exempt employees). Both employees and their Director/Manager are accountable for the accuracy and completeness of time records. The time record must reflect actual, not approximate, hours worked by non-exempt employees. Exempt employees’ hours are only recorded when keeping track of sick leave or vacation. Payroll is responsible for ensuring that Classified non-exempt employee's are paid time and one-half (1½) of their regular hourly rate for overtime when proper documentation is submitted.
Work Week: The workweek begins at Monday and ends at Friday, unless the respective Vice President approves an alternate work schedule.
Exempt and Non-Exempt: The Fair Labor Standards Act classifies job duties as either "exempt" or "non-exempt" for overtime payment purposes. Employees who work in Classified non-exempt positions are required to be paid time and one-half (1½) of their regular hourly rate for overtime. Employees who work in exempt positions (Executive, Administrative, or Managerial) are not eligible for overtime or compensatory time.