The following table summarizes the procedure to take for classifying a new position or reclassifying an existing position. Each step is described more fully in the following blocks.
Step |
Action |
1 |
Prepare a job description. |
2 |
Determine FLSA exemption. |
3 |
Determine an appropriate title. |
4 |
Request a new position title. |
When an operating location has determined that a new position is needed or that an existing position needs to be reclassified, a job description or comparable job information document must be prepared in order to assist in determining the appropriate position title, grade, and salary level.
For a new position, a job description or comparable job information document must be written by the hiring manager at the location and must include
The job description prepared for a new position must be reviewed and approved by the Research Foundation (RF) operations manager (or designee). Also, refer to Guidelines for Developing Job Descriptions Under the Americans with Disabilities Act of 1990 (ADA).
When a request is made by an employee or supervisor to reclassify an existing position, a job description must be written by the employee or supervisor and must include the same items that are described for a new position. The manager reviews the job description for accuracy and then submits it to the RF operations manager (or designee) for review and approval.
A written job description for the position to which an employee is assigned must be kept on file.
When classifying new positions at the exempt level or considering reclassifying an existing nonexempt position as exempt, the personnel officer or designee must complete an FLSA Exemption Checklist to certify that the position meets the FLSA established criteria for exempt status. The Guidelines for Determining Exempt Status section below provides the definition and requirements for exempt status. The FLSA Duties Test Worksheets are provided to assist in this classification.
The written job description and the determination based on the FLSA Exemption Checklist must be compared with the established RF position standards and titles to determine an appropriate title.
The position title that is chosen must reflect the work to be performed. A complete list of all RF position titles, position standards, and salary grades is provided in the Position Standards and Titles Guidelines.
If it is determined that an appropriate RF position title does not exist, a written request for a new position title and standard must be submitted to the Central Office of Administration and Human Resources for approval. A job description for the new position must be attached to the request.
Pending the establishment of a new title for the position, the following titles may be temporarily assigned:
The following information is taken from BLR National Update, December 1992:
An exempt employee is an executive, administrative, or professional employee who is paid on a salaried basis and who is exempt from the overtime provisions of the Fair Labor Standards Act (FLSA).
The Supreme Court has ruled that the exemptions available under FLSA are to be applied only to the employees that "plainly and unmistakenly" meet the letter and the "spirit" of the law. To show an employee "plainly and unmistakenly" is exempt according to the law, she or he must meet the criteria specified in the FLSA exemption checklist.
One of the basic requirements for an employee to be considered exempt from the FLSA is that the employee is paid on a salaried basis. Generally, the employee must receive a full week's pay for a week in which the employee performs any work. Weekly pay may not be reduced for absences of less than a full day or if lack of work causes a shortened workweek. (For a part-time employee, his/her regular hours will constitute a full day.)
In addition, pay may not be docked for absences of less than a full week due to temporary military leave, jury duty, or appearing in court as a witness (although salary may be offset by military pay, jury duty, or witness fees). This policy is also subject to the general rule that an employee need not be paid for any workweek in which the employee performs no work.
For an employee to be salaried, the employee cannot
Date |
Change History |
March 30, 2010 |
Edited Determine FLSA Exemption section |
Effective Date: May 1997
Responsible Party: Office of Administration and Human Resources, Personnel Administration
Contact Information: 518-434-7080
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