The federal Fair Labor Standards Act sets guidelines for determining which employees are subject to the overtime provisions of the Act (FLSA non-exempt) and which employees are not subject to the overtime provisions of the Act (FLSA exempt). Non-Exempt and Exempt status are determined in the Office of Human Resources by the Classification and Compensation Specialist at the time a position is established or reallocated.
The exempt or non-exempt status of any particular employee must be determined on the basis of whether duties, responsibilities and salary meet the requirements for exemption. The employee’s title or classification is of no significance in determining whether the tests are met.
The payment of premium time and one-half rates in form of monetary compensation or time off is required for hours worked in excess of 40 within a week, with exception of those considered exempt. For details concerning overtime, on-call, call-back, and other specific circumstances, please see the Wage & Hour heading under SPA Policies.