FLSA Determination


The federal Fair Labor Standards Act (FLSA) regulates whether an employee is overtime-eligible (Non-Exempt) or overtime-exempt (Exempt). Previously, employees who are classified as overtime-exempt must earn at least $455 per week. Beginning December 1, 2016, to be exempt, the FLSA required that an employee satisfy the duties test and earn at least $913 per week, or $47,476 per year. UC Berkeley had several hundred affected positions.  Effective on November 20, 2016 affected UC employees were reclassified as Non-Exempt and over-time eligible. 
In November 2016, a federal district judge issued a nationwide preliminary injunction blocking implementation of the U.S. Department of Labor’s (DOL) rule and employers were no longer required to meet the December 1, 2016 implementation deadline. UC, along with other large organizations, decided to proceed with implementation plans already in place until a new DOL salary threshold level is developed. 

Update 8/8/18

Academic Appointees Only
System-wide Vice Provost Susan Carlson communicated that UC made a decision to move non-faculty, non-student academic appointees earning more than $455/week ($23,660/year) back to an FLSA exempt status.

Academic appointments, including change of series appointments, above this $455/per week threshold should be made as Exempt. These changes are for academic appointees only. Please contact appolicy@berkeley.edu with any questions on academic appointees.

Staff Appointments
Please note the above FLSA changes are for academic appointees only and not for staff jobs. No changes should be made for staff appointments at this time and current processes should continue to be followed. Staff Appointments will still adhere to the FLSA salary threshold of $913/per week ($47,476/per year) until further notice. The UC Committee on the DOL FLSA project are assessing next steps for staff appointments, and once a decision is made, it will be communicated to UC locations.


For questions related to staff appointments, please contact compdesk@berkeley.edu.


Please read our main FAQ page