The University complies with the provisions of the Fair Labor Standards Act (FLSA) applicable to public employers and educational institutions ( See HR 202 ). The FLSA regulates minimum wage, child labor, overtime, and record keeping. The FLSA contains provisions to help employers identify which jobs are covered by law and which are exempted from parts of the act.

In 2004 the Department of Labor changed the act to specifically modify the salary and duties tests for exemption from the regulations. All positions and employees classified as exempt must meet the salary test and must meet the duties test for either the executive, administrative, professional, or outside sales exemptions as defined by the law.

Duties Test - Executive

Primary duties must include:

• Management of a customarily recognized department or subdivision of a business
• Supervision of two or more full-time employees or equivalent, including the authority to hire and fire employees

Duties Test - Administrative

Primary duties must include:

• Non-manual work
• Non-clerical work
• Management or business operations (i.e. finance, HR, public relations)
• Discretion and independent judgment on matters of significance

Duties Test - Professional

Primary duties must include:

• Knowledge of advanced type in a field of science or learning customarily acquired by a prolonged course of specialized intellectual instruction (specific degree requirement), or

• Invention, imagination, originality or talent in a recognized field of artistic or creative endeavor

Duties Test - Outside Sales

Primary duties must include:

• Regular work away from their employer's place of business, in making sales or obtaining business or contracts for products or services performed by others
• This work may involve

a. Significant compensation on a commission basis

b. Special sales training

c. Little supervision in carrying out daily tasks

d. Contract designation or job title that reflects sales involvement