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Employee Exemption from the State Wage and Hour Law
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Employee Exemption from the State Wage and Hour Law

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POLICY NUMBER: II M

SUBJECT: EMPLOYEE EXEMPTION FROM THE STATE WAGE AND HOUR LAW

APPLIES TO: FACULTY AND STAFF

EFFECTIVE DATE: July 1, 1993

REVISED FROM: February 17, 1990

EMPLOYEE EXEMPTION FROM THE STATE WAGE AND HOUR LAW

Several policies of Murray State University refer to exempt and/or non-exempt employees from the Fair Labor Standards Act. Employees are exempt from this law if they are employed in positions which meet the qualifications of executive, administrative, supervisory, or professional employees as defined below.

1. Executive

Any employee

a. whose primary duty consists of the management of the institution or of a customarily recognized department or subdivision thereof;

b. who customarily and regularly directs the work of two or more other employees therein;

c. who has the authority to hire and fire other employees or whose suggestions and recommendations as to the hiring, firing, advancement, promotion, or any other change of status will be given considerable weight;

d. who customarily and regularly exercises discretionary powers;

e. who earns not less than $155 per week and does not devote more than 20 percent of his/her hours of work in the workweek to activities which are not directly and closely related to the performance of the work described in paragraphs (a) through (d) of section 1; or

f. who earns not less than $250 per week and whose primary duty consists of the management of the enterprise in which he/she is employed or of a customarily recognized department or subdivision thereof, and includes the customary and regular direction of two or more other employees therein, shall be deemed to meet all the requirements of this section.

2. Administrative

Any employee

a. whose primary duties consist of either

(1) the performance of office or non-manual work directly related to management policies or general business operations; or

(2) who performs functions in the administration of an educational institution, or of a department or subdivision thereof, in work directly related to academic instruction or training carried on therein;

b. who customarily and regularly exercises discretion and independent judgment;

c. who

(1) regularly and directly assists an employee employed in a bona fide executive or administrative capacity; or

(2) performs under only general supervision work along specialized or technical lines requiring special training, experience, or knowledge; or

(3) executes under only general supervision special assignments and tasks;

d. who

(1) earns not less than $l55 per week and does not devote more than 20 percent of his/her hours of work in the workweek to activities which are not directly and closely related to the performance of the work described in paragraphs (a) through (c) of section 2; or

(2) earns not less than $250 per week and whose primary duty consists of the performance of work described in paragraph 2 (a) which includes work requiring the exercise of discretion and independent judgment, shall be deemed to meet all the requirements of this section.

3. Professional

Any employee

a. whose primary duty consists of the performance of

(1) work requiring knowledge of an advanced type in a field of science or learning customarily acquired by a prolonged course of specialized intellectual instruction and study as distinguished from a general academic education and from an apprenticeship, and from training in the performance of routine mental, manual, or physical processes; or

(2) work that is original and creative in character in a recognized field or artistic endeavor (as opposed to work which can be produced by a person endowed with general manual or intellectual ability and training), and the result of which depends primarily on the invention, imagination, or talent of the employee; or

(3) teaching, tutoring, instructing, or lecturing in this activity as a teacher certified or recognized in an educational institution by which he/she is employed.

b. whose work required the consistent exercise of discretion and judgment in its performance;

c. whose work is predominantly intellectual and varied in character and is of such character (as opposed to routine, manual, mechanical, or physical work) that the output produced cannot be standardized in relation to a given period of time;

d. who earns not less than $l70 per week and does not devote more than 20 percent of his/her hours per week in the workweek to activities which are not directly and closely related to the performance of the work described in paragraphs (a) through (c) of section 3; or

e. who earns not less than $250 per week and whose primary duty consists of either work described in paragraphs (a) through (c) of section 3, which includes work requiring the consistent exercise of discretion and judgment, or of work requiring invention, imagination, or talent in a recognized field of artistic endeavor, shall be deemed to meet all of the requirements of this section.

4. Supervisory

Any employee

a. who customarily and regularly directs the work of two (2) or more other employees where he/she is employed;

b. who does not devote more than twenty percent (20%) of his/her hours of work in the workweek to activities of the same nature as the employees under his/her supervision; and

c. who is compensated for his/her services on a salary basis at a rate of not less than $155 per week; provided, that an employee who is compensated on a salary basis at a rate of not less than $250 per week and whose primary duty consists of customarily and regularly directing the work of two (2) or more other employees, shall be deemed to meet all of the requirements of this section.

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