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FAIR LABOR STANDARDS ACT WAGE & SALARY EXEMPTION FORM

By Matthew Black,2014-12-02 11:18
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FAIR LABOR STANDARDS ACT WAGE & SALARY EXEMPTION FORM

FAIR LABOR STANDARDS ACT EXEMPTION RECOMMENDATION

    FORM (for SPA and EPA positions)

    Position Title (State Classification) Position Number

    Division and Department Department/Office Director

    Incumbent Immediate Supervisor

     SPA Position EPA Position

    Instructions:

    1) Read each exemption category for Executive, Learned Professional,

    Administrative, Computer Employee, or Police Officer.

    2) Please place an “X” in each box that applies to this position. You may

    check boxes in more than one exemption category.

    3) Give very specific detailed answers regarding the questions asked.

    4) All employees must meet the salary basis to be Exempt from the FLSA

    provisions. If the position makes less than the minimum required salary

    ($455 per week), the position is considered Non-exempt and eligible for

    (subject to) overtime pay or compensatory time.

    5) After checking boxes and completing explanations and descriptions go

    to the last page (Departmental FLSA Recommendation Request Page)

    and please make a final recommendation in the Non-exempt or Exempt

    box AND add any final comments or supporting remarks in the space

    reserved for additional comments.

    6) For SPA positions, please submit a copy of this completed form as an

    email attachment to: khelvey1@uncc.edu

    For EPA positions, please submit a copy of this completed form as an

    email attachment to: hftench@uncc.edu

7) If you have any questions regarding SPA positions please call Human

    Resources at extension 7-2010.

    If you have any questions regarding EPA positions please call Academic

    Affairs at extension 7-4002.

    EXECUTIVE EMPLOYEES

    Duties: Primarily management of a customarily recognized department or subdivision of the

     university

    Supervision: Customarily and regularly directs two or more other Full time employees or their

     equivalent

    Authority: Possesses the power to hire or fire other employees, or the employee’s suggestions

    and recommendations in such decisions, including promotions or any other change of status are given particular weight

    Assistance: Assists the manager and supervises employees in the absence of the manager

    Concurrent Duties: Performs non-exempt work as the primary duty but also directs the work of

    other non-exempt employees responsible for recurrent or repetitive tasks or work involving

     repetitive operations with their hands, physical skill and energy who gain skill and knowledge

    through apprenticeships and on-the-job training.

    Compensation: Is paid not less than $455 per week.

Describe the incumbent’s work with the planning and control of your budget.

    Describe planning requirements and give examples of long and short-term plans.

Number of people the incumbent will directly supervise:

    Full Time: Administrative Clerical Professional

    Part Time: Administrative Clerical Professional Student

Describe the incumbent’s responsibility for hiring, firing, promoting etc. of subordinates

    LEARNED PROFESSIONAL EMPLOYEES

    Duties: Performance of work requiring advanced knowledge, defined as work which is

    predominantly intellectual in character and which includes work requiring learning acquired by a prolonged course of specialized intellectual instruction as distinguished from general academic

    education, apprenticeships, or routine training

    Discretion: Work requiring the consistent exercise of discretion and judgment

    Work product: The advanced knowledge must be in a field of science or learning; The advanced

    knowledge must be customarily acquired by a prolonged course of specialized intellectual instruction

    Compensation: Is paid not less than $455 per week

Describe and give examples of the employee’s use of discretion

    Describe the type of advanced knowledge required and how and for what purpose it is needed.

    Describe any original and creative work the incumbent may do requiring invention, imagination, or special creative talents. (If applicable) What percentage of time will be spent on creative work and what percentage of time will be spent on standard (non-creative, non-discretionary, or non-analytical) work?

    ADMINISTRATIVE EMPLOYEES

    An administrative employee must meet all of the following requirements in order to be exempt:

    Duties: Primary duties must be in the performance of office or non-manual work directly related

    to the management or general business operations or the employer or the employer’s customers;

    Performance of administrative functions in an educational establishment in work related to academic instruction or training.

    Discretion: The primary duty includes the exercise of discretion and independent judgment with

     respect of matter of significance

    Executes special assignments and tasks under only general supervision.

    Compensation: Is paid not less than $455 per week.

    Describe the use of discretion and independent judgment using examples.

Describe the type of supervision and guidance the incumbent will receive.

    COMPUTER EMPLOYEES

    Duties: The employee must be employed as a computer systems analyst, computer programmer,

    software engineer or other similarly skilled worker in the computer field performing the duties described below;

    1) The application of systems analysis techniques and procedures, including consulting with users, to determine hardware, software or system functional needs;

    2) The design, development, documentation, analysis, creation, testing or modification of computer

    systems or programs, including prototypes, based on and related to user or system design specifications.

    3) The design, documentation, testing, creation or modification of computer programs related to machine operating systems; or

    4) A combination of the aforementioned duties, the performance of which requires the same level of skills

    Compensation: Is paid not less than $455 per week.

    Explain with specific examples the type of consulting the position provides and define system functional needs.

    Explain the 2 or 3 applications that the employee spends the majority of time modifying.

    Explain what types of modifications the position can independently conduct and the impact of the modification.

Explain any prototypes the position is responsible for designing.

    POLICE OFFICERS

    The position functions as a Police Officer to rescue crime or accident victims; prevent and detect

    crimes; conduct investigations or inspections for violations of law; performs surveillance; pursues,

     restrains and apprehends suspects and convicted criminals; interviews witnesses; interrogates

    suspects; interviews witnesses; prepares investigative reports; or other similar work

    Duties do not include management of employees as the principal duty

    May direct the work of other employees in the conduct of an investigation

    Please add any other examples or descriptions or comments that you feel would help determine the FLSA exemption category for this position.

    Department’s FLSA Recommendation Request Page

    Please add any other examples or descriptions or comments that you feel would help determine the FLSA exemption category for this position.

I recommend the following exemption for this position:

     Non-exempt (does not meet the criteria for exemption) and subject to the overtime

    provisions of FLSA

     Exempt Check exemption that position qualifies. If combination, check all exemptions that may

    apply and provide an explanation.

     Executive Exemption

     Administrative Exemption

     Learned Professional Exemption

     Computer Employee Exemption

     Police Exemption

     Combination of the above

    Please explain (e.g., Computer/Administrative Exemption)

Supervisor:

Date:

    The Above statements constitute an accurate and complete description of the position for FLSA recommendation on the date submitted.

    For SPA positions, please complete and return this entire form as an email attachment to:

     Kathy Helvey, Human Resources Department: khelvey1@uncc.edu

    For EPA positions, please complete and return this entire form as an email attachment to:

     Dawn Tench, Academic Affairs: hftench@uncc.edu Pass=flsa2004

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