FLSA Fall 2016


last updated 1/18/18

NEW UPDATE - 12/21/17

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. Current appointees will be moved from non-exempt to exempt status on July 1, 2018. APO will be preparing notices to affected individuals, with copies to the relevant dean and supervisor. Deans' offices will also be given lists of affected individuals and sample letters.

Effective immediately, new academic appointments, including change of series appointments, above this 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 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. 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.

Department of Labor (DOL) Update
As of November 2017, the DOL under the current federal administration made it clear that the $913/week ($47,476/year) FLSA salary threshold is too high, and will not be supported or reinstituted as the FLSA salary level. The FLSA salary level is $455/week ($23,660/year), unless further rulemaking is undertaken by the DOL.

What does this mean for Staff employees?
UC campuses will continue to proceed with current processes in place for staff appointments which fall below the $47,476 threshold to be assigned an FLSA of non-exempt and overtime-eligible. UC Office of the President will be following further developments on any updates on the DOL’s overtime rule, potentially revisiting some of the classification decisions made for staff, and engaging in consultation and communication with campus locations.

For questions related to staff appointments, please contact compdesk@berkeley.edu.  For questions related to the reclassification of non-faculty, non-student academic appointees to exempt status, please contact appolicy@berkeley.edu.


Update - December 1, 2016
Effective on the November 20, 2016 biweekly pay period, affected UC employees were:

  • Eligible for overtime for any hours worked over 40 in a work week.

  • Paid by the hour for each hour they work.

  • Paid on a biweekly basis instead of monthly.

The federal Fair Labor Standards Act (FLSA) regulates whether an employee is overtime-eligible (Non-Exempt) or overtime-exempt (Exempt). Currently, 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 has several hundred affected positions who have been reclassified as non-exempt and overtime-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.


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