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IDA337 - Fair Labor Standards Act (FLSA) Exemption Status

IDA 337

May 15, 2002


RE: Redelegation of Authority - Fair Labor Standards Act (FLSA) Exemption Status

Staff Policy 30, Salary, sets forth provisions related to salary actions, and Staff Policy 32, Overtime, sets forth provisions related to compensation for overtime based upon an employee's FLSA exemption status. The FLSA is a Federal law that sets minimum wage, overtime pay, equal pay, record keeping, and child labor standards. One requirement of the FLSA is that each employer, including the University of California, determines which of its employees are covered by minimum and overtime provisions ("non-exempt") and which are not covered ("exempt") by the Act.

On July 1, 1996, DA 2076 authorized Chancellors authorized to establish or change the FLSA exemption status for all positions within their respective areas of responsibility, in compliance with the legal requirements of the FLSA. Effective immediately this authority is redelegated to you. To meet the requirements of the exempt classification under the FLSA, you must first demonstrate that an employee in an exempt position is salaried and second that the salaried employee falls into one of several exemption categories. Detailed instructions on the FLSA classification process may be found in the FLSA Exemption Classification Guidelines, University of California, dated July 31, 1991, that are attached to DA 2076.

Whenever the FLSA exemption status of a position is proposed for establishment or change, appropriate local HEERA notice to affected employees and interested employee organizations should take place to provide an opportunity for questions and comments in advance of the proposed implementation date.

This redelegation may not be delegated further.

Ralph J. Cicerone

C: Assistant Vice President-Human Resources
Special Assistant-Coordination & Review
Executive Vice Chancellor
Counsel to the Chancellor
Assistant Vice Chancellor-Accounting & Fiscal Services
Director, Internal Audit
Director, Internal Controls
Policy & Procedures Coordinator

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