The Fair Labor Standards Act (FLSA) establishes standards to determine overtime pay.
The determination of "exempt" or "non-exempt" is made by the Western Kentucky University
Human Resources team in accordance with the established FLSA criteria.
Western Kentucky University is required by law to pay non-exempt staff for all hours
worked beyond 40 hours in a work week at the rate of one-and-one-half times their
regular hourly wage.
Staff performing exempt work are not covered by the overtime pay provisions of the
FLSA and are not eligible to receive overtime pay.
How is an exempt classification identified?
There are multiple key factors and risks to be considered when classifying a position
exempt or non-exempt and several categories identified for exempt status. Our HR
Compensation team is trained in making the applicable decision for positions at the
Some decision factors include, but are not limited to:
Salary basis must be at a rate not less than $23,660 annually ($455 per week).
Management decisions such as directing the work of at least two full-time employees
and making decisions to hire or fire employees
Non-manual work directly related to the management or general business operations
of the University and exercising discretion and independent judgement with respect
to the running of the business.
Performance of work requiring advanced knowledge in a field of science or learning
acquired by a prolonged course of specialized intellectual instruction.
The following items are not automatic determining factors:
Working with high budget items
Requiring a Bachelor’s Degree
Being paid a salary
Having a title of manager/supervisor/administrator
Having a similar title to other exempt University employees