FLSA Determination

In 2016, the U.S. Department of Labor (DOL) proposed an overtime rule increasing the minimum salary threshold for exempt employees to $913 per week (approximately $47,476 per year.) This proposed increase was challenged in court and eventually enjoined by a federal judge who issued a nationwide preliminary injunction blocking implementation of the U.S. DOL’s rule and employers were no longer  required to meet the December 1, 2016 implementation deadline. UC, like other large organizations, had already implemented the increased salary level for staff employees and chose to maintain this salary level ($913 per week / $47,476 per year) while we awaited the final ruling.

Update 9/24/19

The DOL approved a change in the federal Fair Labor Standards Act (FLSA), to be effective January 1, 2020. The revised rule increases the federal minimum salary threshold for overtime-exempt employees from the currently enforced level of $455 per week (equivalent to $24,660 per year for a full-year employee) to $684 per week (equivalent to $35,568 per year for a full-year employee).

The University will be taking two separate approaches to the DOL’s final rule change, depending on whether the employee is in a staff appointment or an academic appointment.

Staff

The University will continue to retain the higher salary threshold of $913 per week (equivalent to $47,476 per year for a full-year employee) for staff appointments.

Some exempt staff employees are not subject to the salary level test. This means they are overtime-exempt even if they earn a salary that is below the new salary level. For example, University coaches who have the primary duty of teaching or instructing student athletes are overtime-exempt even if they earn less than the $913 salary threshold.  However, for coaches primarily engaged in administrative duties the salary threshold of $913 per week applies.

Staff employees who hold a part-time Exempt position or a combination of Exempt positions resulting in a salary of less than $913 per week, will continue to be considered FLSA Non-exempt, and eligible for overtime consideration, if otherwise eligible.

Academic

The Academic Personnel Office (APO) has contacted Deans' offices directly regarding potential changes to academic appointments. The APO can be reached at (510) 642–5626 or appolicy@berkeley.edu for DOL FLSA questions as related to academic appointments.

Title Code System Look Up

TCS Inquiry

Title Code System (TCS) allows supervisors, managers, and staff to look up classification information about any title code in the UC system. You can filter information by campus, bargaining unit, personnel program, and other criteria. TCS is maintained by the UC Office of the President (UCOP).

To look up what the designated (i.e. assigned) FLSA is for a specific job title, check TCS.

Determining FLSA for Part-Time Employees with Multiple Positions

When departments need to hire an employee who already holds another part-time position on campus, the hiring manager should work with their HR Partner to ensure the employee will only have one FLSA status (either Exempt or Non-exempt) for all active appointments.

 

General Process:

  1. Department’s HR Partner (of new job) should check UCPath to see what other active appointments the employee holds. 

    1. If the existing job is a staff appointment, refer to the MATRIX

    2. If the existing job is an academic appointment, refer to the MATRIX

  2. The HR Partner (of new job) should review all active appointments 

    1. Job title

    2. Start Date

    3. End Date

    4. FTE

    5. FLSA (designated, per TCS and/or existing, in UCPath)

    6. Pay Schedule (monthly or biweekly - of existing job(s))

    7. Union Code (PPSM or Union Represented)

      1. If any (existing or new) job is represented by a bargaining unit agreement, please contact Labor Relations who will send a union notification letter regarding FLSA override. 

  3. After conducting an analysis of all jobs, if the HR Partner (of new job) determines the FLSA of current active appointment(s) need to change, the HR Partner should contact the existing department’s HR Partner to then process the FLSA (and Pay Schedule) change, as soon as possible. 

    1. Existing Department’s HR Partner is responsible for communicating to the employee and manager about the current job changing FLSA and Pay Schedule, as well as any potential impacts to timekeeping (due to the new job). 

    2. If the HR Partner (of new job) determines the FLSA of current appointment(s) will drive the new jobs FLSA status, the HR Partner needs to ensure the employee and manager (of new job) understand the FLSA and Pay Schedule (as well as timekeeping instructions). 

  4. Each UC employee must have only one FLSA and Pay Schedule for all active appointments.

  5. If a positions’ designated FLSA is overridden (due to another active appointment being the primary job), proper communication should be provided to both the employee and the manager. This communication should come from the HR Partner or the Berkeley Regional Services.

  6. View and complete the FLSA Determination Form when a complex exception review is needed. Please complete the form in its entirety and submit to compdesk@berkeley.edu amd appolicy@berkeley.edu 

 

Since a change in FLSA status will likely result in a change in pay cycle, advanced planning is essential. Keeping the employee informed about the potential impacts this change will have on their benefit deductions, completion of their timesheet via CalTime, as well as leave accrual and usage is critical.   

The offer letter generated from Recruitment should include details about the FLSA status as well as the pay cycle. The HR Partner  will be responsible for coordinating the necessary updates for HCM and CalTime, as well as ensuring the employee is aware of any changes associated with new CalTime procedures due to a new pay cycle.

FLSA FAQs for Part-Time Employees with Multiple Positions

Academic Appointees Only

Non-faculty, non-student academic appointees earning more than $455/week ($23,660/year) are considered Exempt under the FLSA.

The Academic Personnel Office (APO), will be providing guidance about salary increase implementation effective in January 2020.  Based upon the revised overtime rule, non-faculty academic appointees in research or administrative positions must receive a salary of at least $684 in each week (in which the appointee performs any work regardless of the number of days or hours worked) to qualify for the exemption under the FLSA. This means that in order to remain Exempt, both full-time and part-time non-teaching academic appointees must earn at least $684 per week. Academic appointees who no longer meet both the new salary threshold and the duties test will be redesignated as FLSA Non-exempt overtime-eligible. 

Teaching titles are not impacted by this ruling as they are exempt from this salary requirement.

Non-Senate Academic Appointees

For non-senate academic appointees picking up additional appointments on campus, HR Partners or AP staff will need to work with campus APO to determine whether the appointee will hold an Exempt or Non-exempt FLSA status.

Please contact appolicy@berkeley.edu with any questions on academic appointees.

Resources for FLSA Inquiries

FLSA Time Reporting

Employees with multiple part-time jobs must have a single FLSA status and be on one pay schedule. UCPath does not permit an employee to concurrently have an active Exempt and Non-exempt job. Assigned HR Partners and Academic Personnel Analysts will continue to be responsible for ensuring that the correct FLSA and pay schedule is assigned to impacted employees. Please ensure that impacted employees and supervisors are notified in writing about any changes to their FLSA status and/or pay schedules, along with information about how to submit their timesheets, if applicable.

Time Reporting Reminders:

  • Non-exempt biweekly paid employees report hours worked and leave taken via CalTime

  • Exempt monthly paid employees may report all unpaid and paid leave taken via CalTime

  • Exempt employees that have been assigned to a biweekly pay cycle in UCPath are not currently permitted in CalTime and will need to submit manual timesheets

  • Exempt employees that report hours worked are currently not permitted in CalTime and will need to continue to submit manual timesheets

  • Readers and tutors are not currently configured in CalTime and will need to continue to submit manual timesheets if they have a variable appointment

  • Student Assistants who hold both a casual restricted appointment along with an Academic Student Employee (ASE) position (Grad Student Instructor, Reader, Tutor), or Grad Student Researcher will not be able to use CalTime to report time, and will need to continue to submit their timesheets manually.

If you have specific questions, please email CalTime@berkeley.edu for timekeeping questions, Compdesk@berkeley.edu for staff related questions, or APO at Appolicy@berkeley.edu for academic-related questions.

Contact Central HR Compensation (compdesk@berkeley.edu) for staff related inquiries.

Office of the President November 2019 Communication

General FLSA FAQ's