Exempt and Non Exempt Status

Exemption status comparison

The Fair Labor Standards Act establishes overtime provisions for employees.  Some positions are exempt from these regulations, including:

  • all faculty
  • administrators and service professionals who earn more than $455 per week

Classified staff positions may be exempt or non-exempt, depending upon the responsibilities of the positions and the individual’s salary.

The FLSA status for most classified staff positions is recorded on the generic job descriptions.

Exempt employees

Exempt employees do not track, earn or receive overtime compensation for hours worked in excess of 40 per week. These employees are paid a salary for performing the whole job and not for actual hours worked. 

Being exempt from the FLSA generally means that:

  • the job requires some flexibility in work hours to do what is necessary to complete the work
  • there are no restrictions on the number of hours an exempt employee can work in a week, including hours worked outside of normal University working hours or beyond the normal work schedule

Exempt employees are not required to complete time sheets, but must complete Request of Absence (ROA) forms to account for time off.

Although exempt employees are not eligible for overtime compensation or compensatory time off regardless of the number of hours worked, supervisors may offer flexible time off when exempt employees work an excessive number of hours.

Non-exempt employees

Non-exempt positions typically include:

  • student workers
  • graduate assistants
  • temporary employees
  • some classified staff positions

Non-exempt employees are paid on an hourly basis and must receive overtime compensation or compensatory time off for any hours physically worked in excess of 40 hours per work week. 

Non-exempt employees must be paid for time worked, even if they do the work from home and/or indicate they don’t want to be paid for it. Non-exempt employees cannot donate or volunteer time doing normal or work-related activities.

Every non-exempt employee is required to fill out a bi-weekly time sheet.