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
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: email@example.com
For EPA positions, please submit a copy of this completed form as an
email attachment to: firstname.lastname@example.org
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.
Duties: Primarily management of a customarily recognized department or subdivision of the
Supervision: Customarily and regularly directs two or more other Full time employees or their
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?
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