FLSA - Fair Labor Standards Act
(Exempt and Non-exempt)

What is the difference between an exempt and a non-exempt employee?

Exempt Employees – Faculty, executive, administrative, professional and managerial employees are exempt employees. As the term implies, these employees are exempt from the overtime provisions of the Fair Labor Standards Act and as such are not entitled to overtime compensation.

Non-exempt Employees – Technical, paraprofessional, clerical and secretarial and service maintenance employees are non-exempt employees. These employees are entitled to overtime and are covered under the overtime provisions of the Fair Labor Standards Act.

Other definitions

• Compensation – Non-exempt employees required or permitted to work overtime shall be compensated either by receiving pay equivalent to one and one-half times the regular rate of pay, in cases where granting compensatory time is impracticable or by allowing or requiring employees to take compensatory time off at the rate of one and one-half hours for each hour of overtime.
• Limitation of Compensatory Time Accrual – Except for those employees of the Campus Police Department who are engaged in public safety, the maximum amount of compensatory time which may be carried forward is 240 hours which represents a total of 160 hours of overtime at one and one-half times. In cases where the amount of overtime hours exceeds 160, the excess must be paid at one and one-half times the employee’s regular rate including longevity pay. Employees of the Campus Police Department engaged in public safety may carry forward 480 hour of compensatory time which represents 320 hours of overtime. In cases where the amount of overtime hours exceeds 320 the excess shall be paid at one and one-half times the employee’s regular rate including hazardous duty pay.
• Overtime – Time worked in excess of 40 hours in the work week.
• Policy – Work schedules and activities shall be so organized that non-exempt employees are not required to work overtime except when demanded by operating necessity. Any overtime services actually required must have the prior written approval of the President or the Vice President for Business Affairs.
• Settlement of Compensatory Time Balances – Unused balances of compensatory time shall be paid upon the death or termination of employment.
• Treatment of Overtime (Exempt Employees): Exempt employees are not entitled to compensation for overtime.
• Workweek – The seven day period starting at 12:00 a.m. on Monday and ending at 12:00 p.m. on Sunday.