4.4 Exempt and nonexempt status
The Fair Labor Standards Act (FLSA) covers such employment matters as hours of work, minimum wage, overtime compensation and other conditions of employment. The university is covered by many provisions of this act. The Fair Labor Standards Act establishes specific criteria for determining which jobs are nonexempt and require pay for overtime hours worked and compensatory time off, and which jobs are exempt and do not require compensation for overtime. All job classifications are determined to be exempt or nonexempt by the office of human resources based on the FLSA.
If an employee or supervisor has a question concerning whether a position is exempt or nonexempt, contact the office of human resources. The FLSA specifically states that neither the employee, nor the employer, may waive the employee's right to be compensated for overtime if the job is classified as nonexempt. Therefore, each supervisor, department head, director and administrator is responsible for ensuring that the FLSA is followed and the university policy for overtime requirements is observed.
4.4.1 Nonexempt employees
Technical, secretarial, clerical, skilled crafts and trades, and service occupations are typically considered nonexempt and are eligible for overtime and compensatory time. All nonexempt employees are required to record their hours worked:
- Full-time, nonexempt employees must complete their time sheet and submit it for approval through web time (or submit hours worked for departmental time entry) entry for each pay period.
- Part-time, nonexempt employees must complete a time sheet and submit it for approval through web time entry (or submit hours worked for departmental time entry) for each pay period.
- Non-teaching and non-research Graduate Assistants (Administrative Graduate Assistants) must complete and submit a time record available at: https://apps.missouristate.edu/financialservices/Forms/GATimeSheet.doc
These forms are required for nonexempt employees to meet the record keeping provisions mandated by the FLSA administered by the Department of Labor, Division of Wage and Hour.
4.4.2 Exempt employees
Executive, administrative, managerial, faculty and professional positions are classified as exempt and no overtime is paid or compensatory time earned. Because exempt employees are not eligible for overtime, they are not required to keep a record of the hours they work. Normally, the requirements of positions filled by administrative and professional employees require a minimum of forty (40) hours of work each week.
4.4.3 Deductions from pay
188.8.131.52 Nonexempt employees
Nonexempt employees will be paid for actual hours worked each day within their workweek and any accrued leave benefits taken such as vacation, sick, compensatory time off or other available paid leave by accurately completing their time sheet. Nonexempt employees must record actual hours worked for each day on their time sheet.
The university provides the option for employees to use accrued leave under Missouri State University's vacation or sick leave policies while they are on an approved Family and Medical Leave Act (FMLA). If paid leave has been exhausted during FMLA leave, pay will be reduced by the hours that the employee is absent from work even if the absence is less than a full day.
184.108.40.206 Exempt employees
Exempt employees are paid on a salary basis and, in general, will be paid their full salary for any week in which they perform work. Their pay may be reduced only in the following circumstances:
- Exempt employees who are absent for at least a full day because of sickness or disability will not be paid for that day unless accrued benefits under Missouri State University’s vacation or sick leave benefits are available. An exempt employee's salary will not be reduced if the employee is absent for less than a full day because of sickness or disability. If accrued paid leave is available, the employee must complete an online leave report and designate the type of leave used for the period of the absence.
- If paid leave has been exhausted, pay will be reduced during FMLA leave by the hours that the employee is absent from work even if the absence is less than a full day.
- Exempt employees who are absent from work for at least a full day for personal reasons other than sickness or disability will not be paid for that day. If an employee is absent for less than a full day for personal reasons, his or her pay will not be reduced. If accrued vacation or sick leave is available, the employee must complete an online leave report and designate the type of leave to be used for the period of the absence.
- In order to receive full pay from the university, exempt employees who are absent from work for jury duty or as a witness at a trial should submit their payment(s) for jury duty or attendance as a witness to the office of human resources.
- Exempt employees who violate a safety rule of major significance may have their pay reduced in an amount to be determined by the university as a penalty for that violation.
- Exempt employees may be suspended without pay for workplace misconduct but only in full-day increments. Their pay will be reduced in an amount that is proportionate to the number of days suspended.
- Exempt employees who work less than 40 hours during their first or last week of employment will be paid a proportionate part of their full salary for the time actually worked.
- Exempt employees who believe that their pay has been improperly reduced must notify their supervisor or contact the office of human resources, requesting a reimbursement of salary.