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status

Determining Exempt Status

The determination of a UCM position as exempt or nonexempt is made only by the Office of Human Resources. The decision is based on whether the position duties and responsibilities meet the requirements included in the Fair Labor Standards Act.

The FLSA requires employers to pay covered employees who are not otherwise exempt at least the federal minimum wage and overtime pay for all hours worked over 40 in a workweek.

In accordance with federal law, all UCM positions are categorized for overtime eligibility purposes as either exempt or nonexempt.

  • Exempt employees work in positions that are not eligible for overtime compensation under FLSA and are expected to "get the job done" regardless of the number of hours required.
  • Nonexempt employees work in positions that are eligible for overtime compensation under FLSA and must be paid for all hours worked in a workweek.

Positions are not exempt based on their title, status, anticipated workload, shift, amount of the departmental budget, or number of hours worked. Positions with the same title may vary in their eligibility for overtime, depending on the actual duties performed in each specific position.