3.30 / Exempt and Non-Exempt Employees
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.
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.
1. The determination of what positions are exempt and non-exempt from
application of the Fair Labor Standards Act (FLSA) is to be made by the
University's Office of Human Resources.
2. Positions will be reviewed annually by the Director of Human
Resources, or the Director's designee, to assure compliance with FLSA
guidelines. The Director or designee will also request selected positions
for review, and after consultation with the appropriate Vice President,
update or revise the FLSA status as required.
3. 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.
4. 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.
5. Before a vacant position can be advertised, the hiring department
must provide an updated position description to the Office of Human
Resources for an FLSA review and determination.
6. 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 for Administration and
7. Unless overtime pay is approved, in advance, by their Budget
Officer, employees who are not exempt from the FLSA shall receive
compensatory time off at the rate of one-and-one-half hours for each hour
worked over 40 hours in any workweek. For the purpose of this act, the
University's workweek begins at 12:01 a.m. Sunday and ends at midnight the
following Saturday. Compensatory time off shall not exceed a total of 120
hours (80 hours of actual work time) at any point in time and should be used
in a reasonable period of time, generally within a twelve-month period from
when accrued. Any accrued compensatory time shall be paid to the employee
upon termination of employment. Use of compensatory time should be scheduled
with the unit's budget officer. Hours worked in excess of eight hours in one
day may be used at straight time within the same regularly scheduled
forty-hour workweek. For example, within the same workweek an employee works
eight hours for three days, ten hours one day and six hours the last day. No
compensatory time credit is established in this example because the hours
total 40 hours for that workweek. Non-exempt employees must complete
biweekly an "Exception Reporting" form which is to be approved by the
immediate supervisor then forwarded to the unit's payroll representative for
entry onto the University's timekeeping system on a biweekly basis.
This policy shall be included in the WSU Policies and Procedures Manual
and shared with appropriate constituencies of the University.
The Vice President for Administration and Finance shall have
responsibility for publication, dissemination and implementation of this
July 14, 2008
September 1, 2010
August 15, 2011