Multiple Appointments and Non-discretionary Special Compensation Under FLSA

Multiple Appointments

Many employees at the university have multiple appointments and it is important that each department be aware of these situations.  If the primary appointment of an employee is non-exempt under FLSA, they are eligible for overtime when they work more than 40 hours in a week for the university.  Non-exempt positions include all Merit classifications, selected SEIU classifications, and selected P&S classifications/positions.  In addition, any employee earning a total salary of less than $23,660 ($455/week) is automatically covered under FLSA unless their primary appointment is as faculty, house staff, or if they have a student appointment.   If an employee has multiple appointments totaling a salary of at least $23,660, they are exempt unless their primary appointment is in a classification/position designated as non-exempt.

Temporary Appointments and Non-discretionary Special Compensation

Short term appointments, bi-weekly appointments and non-discretionary special compensation payments all factor into overtime calculations for non-exempt employees.  Departments will need to be aware of who their non-exempt employees are, as well as any exempt employees who have additional appointments that are non-exempt.

Overtime Payments

When a non-exempt employee works over 40 hours in a workweek, the premium payment will be charged to the department where the overtime was worked.  When multiple appointments and/or special compensation hours both cause the hours to be in excess of 40, a blended rate charge will be calculated and charged to each department on a prorated basis.