VCOM Institutional Policy and Procedure Manual

VCOM Policy and Procedure

Policy #U019

5. DEFINITION OF AN EXEMPT OR NON - EXEMPT EMPLOYEE STATUS

The exempt or non-exempt employee status and the duties of the employee’s position will be defined in the employees’ position description. Whether the position is to be determined as exempt or non-exempt is determined by the President and the Division Officer, with the assistance the Associate Vice President for Human Resources. VCOM utilizes guidance from the Department of Labor when determining whether an employee is “Exempt” or “Non-exempt” for overtime pay. The guidance issued by the DOL utilizes several factors in considering an employee from exempt or non-exempt. Three tests are utilized for the College to determine if an employee is Exempt (versus non-exempt) for the purpose of overtime pay. To be exempt at VCOM an employee must: a. Be paid on a salary basis not subject to reduction based on quality or quantity of work (“salary basis test”); b. Be paid at least $684 per workweek or $35,568 annually as a full-time worker, the “salary level test” to be considered an exempt employee. Employees who earn a salary of less than $684 per workweek or $35,568 per year are considered non-exempt for overtime pay and must be paid overtime at 1.5 times or 150% of the hourly pay for working overtime. c. Have a primary job duty that classifies the employee as exempt, which involves the kind of administrative work associated with an exempt executive or professional (the standard duties test). Additionally, it requires that the employee exercise independent judgment and discretion regarding matters of significance. Typically, employees of VCOM at the Director level or above would be considered exempt. 5.1 Assuring Current and Accurate Job Position Descriptions and Exempt from Non-exempt Status Supervisors shall ensure position descriptions of employees who report to them are accurate and complete, including whether the employee is exempt or non-exempt. All significant job duties shall be listed and described in the positions descriptions. Typically, each significant job duty is expected to consume 5% or more of employees’ efforts and time. Division Officers shall provide the campus Human Resource Director electronic copies of job position descriptions as soon as created or revised and approved. The job description is to be approved by the Dean or the Division Officer and the President. When job duties change, revising the position description as soon as job duties change is a best practice, and will ensure the annual performance review process is based on current duties employees are performing. If an employee believes his or her job duties have changed from those listed on the current job description, the employee should notify their supervisor who will alert the Division Officer of the need to update the job description. The campus Human Resource Director will review duties in position descriptions and the exempt or non-exempt status approved by the Division Officer and the President. If the HR Director determines there is a question as to exempt or non-exempt status, based on information in this policy and the approved job description or information obtained from the employee, the HR Director will meet with the Division Officer and the President to discuss if a re-classification or alteration of job duties are needed. The Human Resource Directors shall verify that the exempt vs. non-exempt status is listed on the written and electronic copies of all positions descriptions.

VCOM Employee Work Hours and Overtime Policy

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