Facts At A Glance

Who is Nonexempt?

  • In general, Professional and Scientific staff (P&S and SEIU) earning less than $23,660 are nonexempt and eligible for overtime.  In addition, selected P&S and SEIU classifications/positions are also designated as nonexempt.  These can be viewed here for P&S and here for SEIU.

What it Means to be Nonexempt

  • Non-exempt individuals who work more than 40 hours in any work week must be paid an overtime premium (1.5 of their regular hourly rate) for all hours over forty. In lieu of cash, overtime may also be accrued as comp time and used as paid leave, similar to vacation. All comp time accrued must be used by the end of the fiscal year, or it will be paid out at that time.
  • In order to determine when overtime is owed, employees and supervisors will need to keep track of the number of hours worked per week, and make corresponding entries on time/leave records so that employees are paid appropriately. Work time is specifically defined by the Department of Labor to include certain kinds of activities (see Hours Worked Under FLSA).
  • Employees and supervisors will need to discuss how being eligible for overtime may impact expectations for when and how their work will be performed. This should include expectations related to working flexible schedules or work that may currently occur after normal business hours, such as checking email, responding to messages, travel, required meetings, etc.

Additional Information for Nonexempt Staff

  • Non-exempt P&S staff remain a part of the Professional and Scientific employment category.
  • Overtime eligibility does not impact any benefits, including retirement, insurance benefits, vacation or sick leave accrual.
  • Professional and scientific staff continue to be eligible for career status under university policy, providing notice and priority should your job be eliminated, plus expanded grievance rights.
  • The value of your individual contribution as a P&S staff member and your status as a colleague and member of the university community is the same.