VCOM Administrative and Classified Staff Handbook

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 (DOL) 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 as exempt or non-exempt. Three tests are utilized by the College to determine if an employee is exempt versus non-exempt for the purpose of overtime pay. To be exempt an employee must: a. Be paid on a salary basis not subject to reduction based on quality or quantity of work (the salary basis test) b. Be paid at least $684 per workweek or $35,568 annually as a full-time worker to be considered an exempt employee (the salary level test). This is the 2016 threshold, and this may change from time to time. Employees who earn a salary of less than $684 per workweek or less than $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. Employees should review their exempt or non-exempt status to determine if they believe they have been inappropriately classified. The employee is responsible to notify the HR Director and their Division Officer of the error in writing. Position Description The supervising officer, with final approval by the President and Provost, provides a position description to each employee. The description provides the minimum job duties, responsibilities, qualifications, and requirements at the time of hire. In addition, job duties may include additional minor duties not listed on the job description as assigned from time to time by the supervisor. Employee job descriptions are subject to change with notice to the employee and may be updated annually by the employee’s supervising Officer, Dean, and/or the President. Employees are evaluated annually according to the major job duties and their adherence to institutional and employee policies, values, and the mission. New Hires and the Probationary Period VCOM is an at-will employer. All employees begin in a probationary period for a minimum of the first 90-days of employment, which allows the supervisor time to evaluate the employee’s initial performance and ability to perform the job. At the end of the 90-day probationary period, the employee’s supervisor will review and evaluate the employee’s performance and make a decision as to one of the following: • To continue the employee’s employment without probation • To continue the employee’s employment with an additional probationary period of 30, 60, or 90 days

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