HUMAN RESOURCES-Compensation and Classification

Fair Labor Standards Act Non-Exempt Classifications

The Fair Labor Standards Act (FLSA) is a federal law that was first enacted in 1938 to protect the rights of employees, particularly in regards to fair pay practices. The law was revised and the new provisions took effect on August 23, 2004. In order to be in compliance with the new revisions, The University of Iowa conducted an in-depth review of all Professional and Scientific classifications to determine whether they were exempt or non-exempt from FLSA provisions. Each employee is either non-exempt under FLSA or is exempt from the act based on the responsibilities of their position and their salary. For a position to be exempt from the act, it must meet one of five exemption tests (Administrative, Professional, Executive, Computer or Outside Sales). For more information concerning these exemptions, please visit http://www.dol.gov/esa/fact-sheets-index.htm. If a position does not meet any of these exemptions, it is then considered to be non-exempt under FLSA and subject to the pay practices outlined in the act. Any employee who earns less than $23,660 per year ($455 per week) is automatically non-exempt under FLSA regardless of classification title or duties. The salary test does not allow the University to prorate the salary based upon percent of time. It is a fixed amount that is not subject to review.

The classifications listed in the top section are non-exempt under FLSA. Individual employee positions were reviewed in the classifications of Program Assistant, Project Assistant and Administrative Assistant I. Some of the positions within each classification were determined to be exempt from the act and others were determined to be non-exempt.

If you have any questions or comments concerning the FLSA status of a position or classification, please contact your Human Resources representative.