4.13.1 Fair Labor Standards Act

A. Purpose

The purpose of this policy is to provide guidelines and procedures to determine those positions that qualify for exemption under the Fair Labor Standards Act (FLSA).

B. Persons Affected

All employees

C. Definitions

N/A

D. Policy and Procedures

  1. POLICY

    Unless specifically exempted, all employees of The University of Texas at Tyler are covered by the provisions of the Fair Labor Standards Act of 1938, as amended.

  2. SCOPE

    1. The FLSA establishes standards concerning minimum wages, maximum hours, overtime pay, equal pay, child labor and record keeping for covered employment.

    2. The FLSA applies to all activities performed in connection with the operation of institutions of higher education (whether public or private, or whether operated for profit or not for profit) regardless of the annual dollar volume of the institution, provided there are employees engaged in interstate commerce or in production of goods for interstate commerce, including employees who handle, sell, or otherwise work with goods which have been moved in or produced for such commerce.

    3. The FLSA provides that a state or political subdivision thereof is responsible as an employer for compliance with the FLSA in regard to all of its employees in connection with the operation of such an institution carrying out its mission of providing education. This is true even though the employee may be part of a central administrative or servicing staff or otherwise employed at a location away from the premises where the classes are conducted, so long as the employees are employed in the statutory enterprise.

  3. EXEMPTIONS

    The FLSA provides a minimum wage and overtime pay exemption for any employee paid on a salaried basis and employed in a bona fide executive, administrative, or professional capacity (including academic administrative personnel and teachers). Whether an employee is exempt depends on his or her duties, responsibilities, and salary. Title alone does not make an employee exempt. The following criteria, all of which must be met for a given category, have been established by the Wage and Hour Division of the Department of Labor in determining those positions that qualify for an exemption under the FLSA:

    1. Executive

      An executive employee must meet all the following requirements to be exempt:

      1. Compensation: Is paid not less than $455 per week exclusive of board, lodging, or other facilities. (On a yearly basis, $455 per week equals approximately $23,660 per year.

      2. Duties: Primarily management of the agency, department, or subdivision.

      3. Supervision: Customarily and regularly directs two or more other employees. iv. Must have the authority to hire or fire other employees or their suggestions and recommendations as to hiring, firing, advancement, promotion or other change of status of other employees must be given particular weight.

    2. Administrative

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

      1. Compensation: Is paid at least $455 per week exclusive of board, lodging, or other facilities. (On a yearly basis, $455 per week equals approximately $23,660 per year.)

      2. Duties: Primarily performance of office or non-manual work directly related to management policies or general business operations, or the performance of functions in the administration of an educational establishment, or a department or subdivision thereof, in work directly related to the academic instruction or training.

      3. Responsibilities: Primary duty includes work requiring the exercise of discretion and independent judgment in significant matters.

    3. Professional

      A professional employee must meet all of the following requirements to be exempt:

      1. Compensation: Is paid at least $455 per week exclusive of board, lodging, or other facilities. (On a yearly basis, $455 per week equals approximately $23,660 per year.)

      2. Duties: Primarily consist of performing work requiring advanced learning or work as a teacher.

      3. Discretion: Must include work which requires the consistent exercise of discretion and judgment or consist of work requiring invention, imagination, or talent in a recognized field of artistic endeavor.

E. Responsibilities

See Policy and Procedures section.

F. Review

This policy shall be reviewed by Human Resources every five years or as legislation changes.

ORIGINALLY APPROVED:  07/01/2008

LAST AMENDED:  04/22/2009

REVIEWED:  AY 2014-15