Guideline 4-17: Exempt and Non-Exempt Employees

The Fair Labor Standards Act (FLSA) reflects national policy on minimum wage and overtime payments. Generally, employees covered by this act must be paid overtime for hours worked over 40 during a work week at a rate of pay that is one and one half the regular hourly rate (time and 1/2). Employees covered by the act may chose to take the overtime off at time and 1/2 (Comp time). Employees covered by the act are generally referred to as "non-exempt" employees and include all employees in the A and B bands (secretaries, student workers, police officers, maintenance etc). Clear and accurate records must be kept on each workday and the total hours worked for the week for each non-exempt employee must be reported to payroll on a monthly basis. Records kept only "in the department" for comp time or overtime are expressly prohibited.

Other categories of employees (faculty, administrators, counselors and other professionals) are exempted from the provisions of the act and are paid a monthly salary. These employees are referred to as "exempt" employees and the overtime/comp time provisions of FLSA do not apply. For example, if an associate dean and a secretary both work a 50 hour week, the secretary, by law, must receive 10 hours of overtime or comp time at time and one half. The associate dean does not receive overtime or comp time.

The college's work week begins 12:01am Monday and extends through midnight the following Sunday. Exempt employees are expected to work a minimum of a forty hour week. Within a work week, with the permission of the supervisor, an exempt employee may work a flexible schedule; i.e. a counselor scheduled to work Friday night and Saturday morning may be off during a day the same week.

The following guidelines may be helpful in deliberations about exempt employees and work schedules:

  • A flexible schedule is permissible within a single work week when agreed upon by the exempt employee's immediate supervisor.
  • This flexible schedule is not recorded and reported to payroll on an exempt employee.
  • Exempt employees are expected to work a forty-hour week and must use paid leave time (sick, vacation, or personal leave) to account for a 40 hour week.
  • Exempt employees do not "bank" comp time or overtime to be used or paid at a later time as do non-exempt employees.

(Revised June 9, 2011)