FAIR LABOR STANDARDS ACT EXEMPTION RECOMMENDATION FORMTop of Form

Position Title (State Classification) / Position Number
Division and Department / Department/Office Director
Incumbent / Immediate Supervisor

Instructions:

1)  Read each exemption category for Administrative. Executive, Learned Professional, Computer Employee, or Police Officer.

2)  Please place an “X” in each box that applies to this position. You may check boxes in more than one exemption category.

3)  Give very specific detailed answers regarding the questions asked.

4)  All employees must meet the salary basis to be Exempt from the FLSA provisions. If the position makes less than the minimum required salary ($455 per week), the position is considered Non-exempt and eligible for (subject to) overtime pay or compensatory time.

5)  After checking boxes and completing explanations and descriptions go to the last page (Departmental FLSA Recommendation Request Page) and please make a final recommendation in the Non-exempt or Exempt box AND add any final comments or supporting remarks in the space reserved for additional comments.

6)  For SPA positions, please attach this form to the Supplemental Documents tab on the position action request in HRMS.

For EPA positions, please submit a copy of this completed form as an email attachment to: , Human Resources, EPA Non-Faculty Administration

7)  If you have any questions please call Human Resources at extension 7-0654.

ADMINISTRATIVE EMPLOYEES

An administrative employee must meet all of the following requirements in order to be exempt:

Duties: Primary duties must be in the performance of office or non-manual work directly related to the management or general businessoperations or the employer or the employer’s customers;
Performance of administrative functions in an educational establishment in work relatedto academic instruction or training.
Discretion: The primary duty includes the exercise of discretion and independent judgment with respect of matter of significance
Executes special assignments and tasks under only general supervision.
Compensation: Is paid not less than $455 per week.

Questions to Consider: Administrative Exemption from the Fair Labor Standards Act

If any of these are true, provide examples as appropriate.

____Is the work primarily related to the management or general business operations of the employer’s customers (ordinarily students)

____Does the employee have authority to formulate, affect, interpret, or implement management policies or operating practices?

____Does the employee carry out major assignments in conducting the operations of the business?

____Does the employee perform work that affects business operations to a substantial degree, even if the employee’s assignments are related to operation of a particular segment of the university?

____Does the employee have authority to commit the employer in matters that have significant financial impact? (Signature authority)

____Does the employee have authority to waive or deviate from established policies and procedures without prior approval?

____Does the employee provide consultation or expert advice to management?

____Does the employee have authority to negotiate and bind the business on significant matters?

____Is the employee involved in long or short-term business objectives?

____Does the employee investigate and resolve matters of significance on behalf of management?

____Does the employee represent the business in handling complaints, arbitrating disputes or resolving grievances?

Describe the use of discretion and independent judgment using examples.

Describe the type of supervision and guidance the incumbent will receive.

EXECUTIVE EMPLOYEES

Duties: Primarily management of a customarily recognized department or subdivision of the university
Supervision: Customarily and regularly directs two or more other full time permanent employees or their equivalent
Authority: Possesses the power to hire or fire other employees, or the employee’s suggestions and recommendations in such decisions, including promotions or any other change of status are given particular weight
Assistance: Assists the manager and supervises employees in the absence of the manager
Concurrent Duties: Performs non-exempt work as the primary duty but also directs the work of other non-exempt employees responsible for recurrent or repetitive tasks or work involving repetitive operations with their hands, physical skill and energy who gain skill and knowledge through apprenticeships and on-the-job training.
Compensation: Is paid not less than $455 per week.

Describe the incumbent’s work with the planning and control of your budget.

Describe planning requirements and give examples of long and short-term plans.

Number of people the incumbent will directly supervise:

Full Time: / Administrative / Clerical / Professional
Part Time: / Administrative / Clerical / Professional / Student

Describe the incumbent’s responsibility for hiring, firing, promoting etc. of subordinates

LEARNED PROFESSIONAL EMPLOYEES

Duties: Performance of work requiring advanced knowledge, defined as work which is predominantly intellectual in character and which includes work requiring learning acquired by a prolonged course of specialized intellectual instruction as distinguished from general academic education, apprenticeships, or routine training
Discretion: Work requiring the consistent exercise of discretion and judgment
Work product: The advanced knowledge must be in a field of science or learning; The advanced knowledge must be customarily acquired by a prolonged course of specialized intellectual instruction
Compensation: Is paid not less than $455 per week

Describe and give examples of the employee’s use of discretion

Describe the type of advanced knowledge required and how and for what purpose it is needed.

Describe any original and creative work the incumbent may do requiring invention, imagination, or special creative talents. (If applicable) What percentage of time will be spent on creative work and what percentage of time will be spent on standard (non-creative, non-discretionary, or non-analytical) work?

Department’s FLSA Recommendation Request Page

Please add any other examples or descriptions or comments that you feel would help determine the FLSA exemption category for this position.

I recommend the following exemption for this position:

Non-exempt (does not meet the criteria for exemption) and subject to the overtime provisions of FLSA

Exempt – Check exemption that position qualifies. If combination, check all exemptions that may apply and provide an explanation.

Executive Exemption

Administrative Exemption

Learned Professional Exemption

Computer Employee Exemption

Police Exemption

Combination of the above –

Please explain (e.g., Computer/Administrative Exemption)

Supervisor:

Date:

The Above statements constitute an accurate and complete description of the position for FLSA recommendation on the date submitted.