5.03 / Exempt or Non-Exempt Classification

Effective: July 20, 2021Last Revised: October 03, 2023

  1. Initiating authority

    Human Resources serves as the initiating authority.

  2. Purpose

    The purpose of this policy is to set forth the University policies and procedures with regard to determining whether a position is classified as Exempt or Non-Exempt consistent with the Fair Labor Standards Act (“FLSA”).

  3. Policy

    1. Statement of Compliance

      It is the policy of the University to compensate Employees in an accurate and timely manner, in accordance with University and Kansas Board of Regents rules, and applicable federal, state, and local laws and regulations, including but not limited to the FLSA. The FLSA requires that Non-Exempt Employees be paid a minimum wage and be paid overtime wages for all hours worked in excess of forty (40) in any Workweek. The FLSA also exempts Exempt Employees from its minimum wage and overtime provisions.

    2. Determination of Exempt and Non-Exempt Classification

      1. A determination as to whether an individual is performing duties as an Exempt Employee or a Non-Exempt Employee is required for all positions, regardless of whether it is a new position or a change in the duties and responsibilities assigned to an Employee.
      2. It is the responsibility of Leadership to notify Human Resources when there is a change in the duties and responsibilities assigned to an Employee so that Human Resources may evaluate whether such changes also require a change in classification under this policy.
      3. All determinations about whether an individual is an Exempt Employee or Non-Exempt Employee will be made by Human Resources pursuant to this policy and the procedures and processes set forth by Human Resources.
      4. Final determinations about whether an individual is an Exempt Employee or a Non-Exempt Employee will be made by Human Resources and in consultation with the Office of General Counsel when deemed necessary by Human Resources or an Authorized Leader.

    3. Overtime Worked, Overtime Pay and Compensatory Time

      Non-Exempt Employees shall be entitled to Overtime Pay and Compensatory Time as set forth by federal and state laws and applicable University policies.

  4. Definitions

    1. For the purpose of this policy only, the following definitions shall apply:
      1. Authorized Leaders: President, Vice Presidents, General Counsel, Associate Vice Presidents, or Center Directors.
      2. Compensatory Time: Compensatory Time is paid time off the job which is earned by eligible Employees in lieu of Overtime Pay.
      3. Controlled Affiliated Corporations: Wichita State University Intercollegiate Athletic Association, Inc.
      4. Employee: An individual who provides services to the University on a regular basis in exchange for compensation and receives a W-2 for such services. This includes individuals employed by the Controlled Affiliated Corporations.
      5. Exempt Employee: An Employee who is exempt from the FLSA’s minimum wage and overtime provisions, as determined by the University pursuant to this policy.
      6. Human Resources: This includes the Office of Human Resources and Human Resources for the Division of Industry and Defense Programs, as applicable.
      7. Leadership: University Department Chairs, Directors, Deans or any other individual designated by the University with authority to supervise an Employee.
      8. Non-Exempt Employee: An Employee who is not exempt from the FLSA’s minimum wage and overtime provisions, as determined by the University pursuant to this policy.
      9. Overtime: All hours worked, by a Non-Exempt Employee, over forty (40) hours in a Workweek.
      10. University: Wichita State University and Controlled Affiliated Corporations.
      11. Workweek: Workweek is defined as a fixed and regularly recurring period of 168 hours, which takes place over seven consecutive 24-hour periods.

  5. Applicable Laws and Additional Resources

    1. Fair Labor Standards Act (“FLSA”) and interpreting regulations and guidance.
    2. 7.07 / Time and Leave Policies.
    3. 5.09 / Overtime, Overtime Pay and Compensatory Time.
    4. Timekeeping.

  6. Revision Dates

    1. October 3, 2023 (maintenance updates only)