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exempt VS. non-exempt positions


All positions are categorized by an employment classification determined by the Fair Labor Standards Act (FLSA).
Human Resources works within FLSA guidelines in evaluating the employment classifications of all staff and faculty positions. This takes place during the creation or reclassification of positions.



These classifications are based on factors outlined in federal regulations and Board of Regents rules.
Job salary and duties also impact a position's classification status.

 

EXEMPT NON-EXEMPT
  • Not eligible for overtime 
  • Must record exceptions to work (sick, vacation, jury duty, bereavement, etc.)  
  • Eligible for overtime 
  • Must record all hours worked in addition to absences
  • Non-exempt employees must be paid for all hours worked.

 

 


HOW IS EXEMPTION DETERMINED?  

Exemption is based on qualifying for all three of the following:

Salary Basis: Employee must be paid on an annual salary basis;

Minimum Salary Threshold Test: Employees must be paid above a salary threshold amount set by the
Department of Labor; and

Duty Tests: Employee must qualify as an Executive, Administrative, Professional, Computer Professional or
other specialized dualities test.

 

 


ADDITIONAL EXEMPTION GUIDANCE  
TRAVEL
Managing compensation for travel time for overtime-eligible employees can be challenging. To help you accurately
track, calculate, and report travel time, the University System of Georgia developed this document (PDF).
If specific
guidance is needed, please consult with a human resources representative before travel occurs. We are happy to help!  
 
CALCULATING OVERTIME
When calculating overtime, it is important to note that overtime is based on the number of hours worked in the
workweek, not the pay period. Hours that are not actually worked (holidays, sick, vacation, etc.) do not count towards calculating overtime. 
Overtime must be approved in advance by the supervisor. The supervisor may also adjust the schedule within the same work week to manage overtime.
 
 
Questions? Contact hrweb@uga.edu or (706) 542-2222