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3.30 / Exempt and Non-Exempt Employees
Purpose:
The purpose of this statement is to set forth University policy
with regard to determinations made regarding University compliance with
the Fair Labor Standards Act.
Preamble:
The Fair Labor Standards Act was enacted by Congress in 1938. It
requires that certain types of employees [those who are non-exempt from application of the
law] be paid a minimum wage and an overtime wage of one and one-half
times the employee's regular rate for all hours worked in excess of
forty in any workweek. The Fair Labor Standards Act exempts
certain classifications of employees [those who are exempt from application of the law]
from its minimum wage and overtime provisions and these employees
generally work whatever hours each week are required to perform their
duties and responsibilities without consideration for overtime pay or
time off.
Policy Statement:
1. The determination of who is exempt and who is non-exempt from
application of the Fair Labor Standards Act (FLSA) is to be made by the
University's Office of Human Resources.
2. Advance review by the Office of Human Resources to determine
FLSA status is required with regard to the creation and/or
establishment of any new position at the University.
3. The Office of Human Resources shall also review any proposed
changes made to the duties and responsibilities of a previously
existing position to determine the FLSA status of the revised position.
4. The divisional Vice President or the Vice President's designee
shall provide the Office of Human Resources with information about the
new position or about the proposed changes in an existing position by
completing a form questionnaire prepared and made available by the
Office of Human Resources.
5. Any questions or concerns about the determinations made by the
Office of Human Resources regarding the FLSA status of a position shall
be reviewed with the University's Vice President and General Counsel.
Implementation:
This policy shall be included in the WSU Policies and Procedures
Manual and shared with appropriate constituencies of the
University.
The Vice President and General Counsel and the Vice President for
Administration and Finance
shall share responsibility for publication, dissemination and
implementation of
this University policy.
Effective Date:
July 14, 2008
