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Overtime for Non-Academic Staff
FLSA - Overtime Eligibility & Exemption

FLSA Requirements

The Fair Labor Standards Act (FLSA) requires that most workers receive overtime pay at 1.5 times the employee's regular pay rate for all hours worked over 40 hours in a seven day workweek, and that employees be paid at least the federal minimum wage. The UW terms positions that are covered by FLSA regulations "overtime-eligible".

The overtime webpage explains:

The work time record keeping webpage describes how overtime eligible employees' work time records must be kept and maintained.

Other Laws & Collective Bargaining Agreements

The FLSA establishes minimum standards that may be exceeded, but cannot be waived or reduced. Employers must comply with any federal, state or municipal laws, regulations or ordinances, or collective bargaining agreements or employer implemented policies that provide greater benefits than those established by the FLSA.

When state laws differ from the federal FLSA, an employer must comply with the standard most generous to employees.

FLSA Overtime Exemption Standards

To be exempt from FLSA overtime regulations a position's salary amount and job duties must meet criteria specified in the regulations. These criteria are referred to as the “salary basis” and “duties” tests, respectively. Some types of "blue collar" and "Police, Fire Fighters, Paramedic & Other First Responder" work do not qualify for exemption by definition. These types of work are described below.

The Compensation Office is responsible for applying the "tests" to determine the positions that are covered by the FLSA overtime regulations. This determination is normally made at the time a position is created and may be reviewed when a position is reviewed for reclassification (classified titles) or for salary or title assignment (professional staff positions). To request that a position's FLSA status be reviewed, contact the Compensation Office.

All of the following requirements must be met for a position to be exempt from the FLSA overtime payment requirement:

  1. The position must be paid on a salary (not hourly) basis, except for certain computer workers (see the Computer Professional Exemption). Being paid on a salary basis means that an employee is paid the same amount per workweek regardless of the hours the employee actually works, consistent with a position's percent time.
  2. The position must be paid at least $455 per week, regardless of percent time worked: e.g. a half-time employee who is paid $454 per week and a full-time employee who is paid $454 per week are both overtime covered, regardless of their job duties, even though the full-time equivalent pay for the half time employee is actually $908 per week.
  3. The position's job duties must meet the duties test for one or more for one of the exemption categories—see below.

FLSA Exemption Categories & Checklists

The following are summaries of the FLSA-defined exemption criteria. Checklists for the most commonly applied exemption criteria may be used to help employees and managers assess whether a position is likely to be covered by or exempt from the FLSA overtime regulations. A link to the checklist follows the exemption category description. Some terms have special meanings as applied by the FLSA regulations. See the FLSA Terms & Definitions webpage.

The exemption categories in the following list are described below.

Executive Exemption

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

Executive Exemption Checklist

Administrative Exemption

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

Administrative Exemption Checklist

Learned or Creative Professional Exemption

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

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

Learned or Creative Professional Exemption Checklist

Computer Professional Exemption

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

Computer Professional Exemption Checklist

Highly Compensated Employees

Employees performing office or non-manual work and who are paid total annual compensation of $100,000 or more (which must include at least $455 per week paid on a salary or fee basis) are exempt from FLSA overtime regulations if they customarily and regularly perform at least one of the duties of an exempt executive, administrative, or learned or creative professional employee identified in the standard tests for exemption.

Outside Sales Exemption

To qualify for the outside sales employee exemption, all of the following tests must be met:

Outside Sales Exemption Checklist

Duties that do not qualify for FLSA Overtime Exemption

Blue Collar Workers

The exemptions apply only to “white collar” employees who meet the salary and duties tests (see below) set forth in the regulations. The exemptions do not apply to manual laborers or other “blue collar” workers who perform work involving repetitive operations with their hands, physical skill and energy. FLSA-covered, non-management employees in production, maintenance, construction and similar occupations such as carpenters, electricians, mechanics, plumbers, iron workers, craftsmen, operating engineers, longshoremen, construction workers, and laborers are entitled to overtime premium pay under the FLSA, and are not exempt under the regulations no matter how highly paid they might be.

Police, Fire Fighters, Paramedics & Other First Responders

FLSA overtime exemptions do not apply to police officers, detectives, deputy sheriffs, state troopers, highway patrol officers, investigators, inspectors, correctional officers, parole or probation officers, park rangers, fire fighters, paramedics, emergency medical technicians, ambulance personnel, rescue workers, hazardous materials workers, and similar employees, regardless of rank or pay level, who perform work such as preventing, controlling or extinguishing fires of any type; rescuing fire, crime or accident victims; preventing or detecting crimes; conducting investigations or inspections for violations of law; performing surveillance; pursuing, restraining and apprehending suspects; detaining or supervising suspected and convicted criminals, including those on probation or parole; interviewing witnesses; interrogating and fingerprinting suspects; preparing investigative reports; or other similar work.

 

Overtime & FLSA
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