YALE UNIVERSITY

FAIR LABOR STANDARDS ACT (FLSA)EXEMPTION QUESTIONNAIRE

Employee: ______Employee #:______

Job Title: ______

Manager(s): ______

Department: ______

Date: ______

The FLSA requires employees be paid for all hours worked and overtime after 40 hours (Yale standard is 37.5 hours) unless they meet specific criteria to be exempt from the FLSA protection. If an employee’sjob duties and salary exceed the standards for FLSA exemption, they can be “exempt” and paid on a salary basis; otherwise they must be paid overtime.

Please attach a current job description and a current organizational chart.

  1. Position Summary:
  1. What is the primary duty of this position? Why does the position exist?
  1. Approximately what percent of time does the primary duty consume?
  1. Is the primary duty performed by the employee his/her sole responsibility, or is it shared with others? If shared, explain.
  1. What is the managerial hierarchy above and below this position (i.e., to whom does the position report)? Do any employees report to the position?

January 2012

(Please select the applicable exemption and complete)

Executive Exemption

To qualify for the executive exemption, allof the following tests must be met:

  • Primary duty must be managing the enterprise, or managing a customarily recognized department or subdivision of the enterprise; and
  • Must customarily and regularly direct the work of at least two or more other full-time employees or their equivalent; and
  • Must have the authority to hire or fire other employees, or the employee’s suggestions and recommendations as to the hiring, firing, advancement, promotion or any other change of status of other employees must be given particular weight.

  1. Is the primary duty of this position managing a department, division, section, or subdivision of Yale? If yes, what is the department or division?
/  Yes  No
  1. Discuss the relative importance of the primary duty of this position compared to the other duties and time spent performing the duty versus the other duties.

  1. Describe the nature and level of the supervision received.

  1. Does this position customarily and regularly direct (supervise) the work of two or more other full time employees (or their equivalent)? If yes, please provide the employees’ names and titles.
/  Yes  No
  1. Does this position have the authority to hire or fire or make recommendations (that are given particular weight) on hiring, firing, advancement, or promotion of other employees? If yes, list the names and titles of the employees.
/  Yes  No
  1. When was the last time this position evaluated others or played an influential role in promotions or wage increases? Please describe.

Professional Exemption

To qualify for the professional exemption,all of the following tests must be met:

  • Primary duty must be the performance of work requiring advanced knowledge, defined as work which is predominantly intellectual in character and which includes work requiring the consistent exercise of discretion and judgment; and
  • Advanced knowledge must be in a field of science or learning; and
  • Advanced knowledge must be customarily acquired by a prolonged course of specialized intellectual instruction; OR
  • The employee’s primary duty must be the performance of work requiring invention, imagination, originality or talent in a recognized field of artistic or creative endeavor.

  1. Is the primary duty of this position intellectual in character? If yes, please describe the primary duty and answer the followingquestions. If no, skip to question 2.
/  Yes  No
  1. Does the primary duty of this position include work that requires the consistent exercise of discretion and judgment? If yes, describe the discretion and judgment exercised and how frequently it is exercised.
/  Yes  No
  1. When was the last time this position exercised discretion and judgment? Give recent examples.

  1. Does this position require advanced knowledge in a field of science or learning? If yes, what field?
/  Yes  No
  1. Is the advanced knowledge customarily acquired by a prolonged course of specialized intellectual instruction? If yes, how was the knowledge acquired and what academic degree is required?
/  Yes  No
  1. Is having an advanced degree a requirement to fill this position?
/  Yes  No
  1. Do all employees filling this position have advanced degrees?
/  Yes  No
  1. If some employees filling the position do not have advanced degrees, identify who they are and what degree they have attained.

  1. Does the primary duty of this position require invention, imagination, originality, or talent in a recognized field of artistic endeavor? If yes, describe.
/  Yes  No

Administrative Exemption

To qualify for the administrative exemption, all of the following tests must be met:

  • Primary duty must be the performance of office or non-manual work directly related to the management or general business operations of the employer or the employer’s customers; and
  • Primary duty includes the exercise of discretion and independent judgment with respect to matters of significance.

  1. Is the primary duty of this position performing office (non-production) work directly related to the management or general business operations of the University? If yes, describe the primary duty and how it is related to the management or business operations of the University.
/  Yes  No
  1. Does this position perform work that is directly related to running and managing the employees, services, programs, and other operations of a department, division, or school? If yes, describe.
/  Yes  No
  1. Does this position exercise discretion and independent judgment with respect to matters of significance? If yes, provide specific examples of when and how this position exercised discretion and independent judgment and identify the matters of significance.
/  Yes  No
  1. How frequently does this position exercise discretion and independent judgment on matters of significance?When was the last time the position exercised discretion and independent judgment?

  1. List recent examples of decisions the position is required to make on a regular and recurring basis.

  1. Is this position at a policy making level? Please give examples of policy making responsibilities.
/  Yes  No
  1. Is this position at a policy execution level? Please give recent examples of policy execution responsibilities.
/  Yes  No
  1. Does this position apply skill or knowledge based on established processes, standards or criteria contained in state or federal law, rules, regulations, internal policies and procedures? If yes, describe.
/  Yes  No
  1. Does this position have the latitude to waive, deviate from or make exceptions to policies and procedures without approval from a higher-level supervisor? Please give recent examples of this latitude and when was the last time the position waived, deviated or made exceptions to policies and procedures?
/  Yes  No
  1. Does this position use manuals, guidelines or other established procedures related to highly technical, scientific or other similarly complex matters? If yes, which manuals, guidelines or procedures?Describe how these are used.
/  Yes  No
  1. Does this position compare and evaluate possible courses of action and make decisions after considering various options? If yes, please give recent examples of the evaluation of possible courses of action and the decisions. When was the last time this was done?
/  Yes  No
  1. Does this position have the authority to commit the department, school or University to a course of action that has financial impact on the organization? If yes, please give recent examples and describe the financial impact on the University. When was the last time this was done?
/  Yes  No
  1. Does this position perform duties of substantial importance to the management or business operations of a department, division, or school? If yes, describe and give recent examples. When was the last time this was done?
/  Yes  No
  1. Does this position lead a team of other employees in a major project of significance to a department, division, or school? If yes, describe and give recent examples. When was the last time this was done?
/  Yes  No

Computer Professional Exemption

To qualify for the computer exemption, the following tests must be met:

  • Employed as a computer systems analyst, computer programmer, software engineer or other similarly skilled worker in the computer field performing the duties described below;
  • Primary duty must consist of:
  • The application of systems analysis techniques
  • The design, development, documentation, analysis, creation, testing or modification of computer systems or programs
  • The design, documentation, testing, creation or modification of computer programs related to machine operating systems

  1. Is this position a computer systems analyst, computer programmer, software engineer, or other similarly skilled worker in the computer field? Please describe the primary work.
/  Yes  No
  1. Is this position responsible for application of systems analysis techniques and procedures, including consulting with users to determine hardware, software, or system functional applications? If yes, please describe and give recent examples of this activity. When was this last done?
/  Yes  No
  1. Is this position responsible for design, development, documentation, analysis creation, testing, or modification of computer systems or programs, including prototypes, based on and related to user or system design specifications? If yes, please describe and give specific examples of these activities. When was this last done?
/  Yes  No
  1. Is this position responsible for design documentation, testing, creation, or modification of computer programs related to machine operating systems? If yes, please describe and give recent examples.
/  Yes  No

Comments and Additional Information

I certify that to the best of my knowledge this is an accurate description of the position.

____________

Supervisor Signature

Supervisor Name and Title (Please print)

____________

Department

______

DateExtension

January 2012

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