Create or Update Staff Positions

The Fair Labor Standard Act (FLSA) determines whether a position is eligible for overtime pay.  Positions that are “exempt” are not eligible for overtime pay.  “Nonexempt” positions are eligible for overtime for hours worked above 40 hours in one workweek.  Use the guide below to help you determine the FLSA status of a position:

The executive exemption is used for high-level management positions that have the authority to formulate, affect, interpret, or implement management policies.  Some professions that may be covered under the executive exemption include:

• Directors
• Associate Provosts
• Assistant Deans

The administrative exemption is used for employees whose main job is to “keep business running.” Administrative exempt employees provide support to the operational employees and must perform work that involves the exercising of independent judgment and discretion about matters of significance.  To meet the administrative exemption, the employee must be performing office or nonmanual work related to matters of significance.  Clerical employees are not administratively exempt.  Some professions that may be covered under the administrative exemption include:

• Human Resources
• Payroll and Finance
• Assistant to...

The professional exemption is used for positions that require specialized education and involve the exercising of discretion and judgement.  These positions must have an education in a recognized field of science or learning.  Employees may also fall under the professional exemption when their primary duty requires invention, imagination, originality, or talent in a recognized field of artistic or creative endeavor.  Some professions that may be covered under the professional exemption include:

• Registered Nurses
• Accountants
• Content Editors/Writers

The computer exemption is used for employees who apply systems analysis techniques and procedures to determine hardware, software, or system functional specifications, or who design, develop, test or modify computer systems or programs based on user or design specifications.  Some professions that may be covered under the computer exemption include:

• Systems Analysts
• Programmers
• Software Engineers

When employees do not meet any of the above exemptions, they are nonexempt.  Nonexempt employees are entitled to overtime for each hour they work over the FLSA overtime threshold.  Some professions that are nonexempt include:

• Administrative Assistants
• Clerical Employees
• Maintenance/Trades

Opinion letters are issued by the Department of Labor following a case review of a specific position and can often assist in interpretation of the FLSA regulations.