FAIR LABOR STANDARDS ACT EXEMPTION RECOMMENDATION
FORM
Position Title (State Classification)
Position Number
Division and Department
Department/Office Director
Incumbent
Immediate Supervisor
Instructions:
1) Read each exemption category for Administrative, Executive, Computer
Employee, or Learned Professional.
2) Please place an “X” in each box that applies to this position. You may
check boxes in more than one exemption category.
3) Give very specific detailed answers regarding the questions asked.
4) All employees must meet the salary basis to be Exempt from the FLSA
provisions. If the position makes less than the minimum required salary
($455 per week), the position is considered Non-exempt and eligible for
(subject to) overtime pay or compensatory time.
5) After checking boxes and completing explanations and descriptions go to
the last page (Departmental FLSA Recommendation Request Page) and
please make a final recommendation in the Non-exempt or Exempt box
AND add any final comments or supporting remarks in the space reserved
for additional comments.
6) For SPA positions, please attach this form to the Supplemental Documents
tab on the position action request in HRMS.
For EPA positions, please submit a copy of this completed form as an
email attachment to: hftench@uncc.edu – Dawn Tench, Academic Budget
and Personnel, Academic Affairs
7) If you have any questions please call Human Resources at extension 70654.
ADMINISTRATIVE EMPLOYEES
An administrative employee must meet all of the following requirements in order
to be exempt:
Duties: Primary duties must be in the performance of office or non-manual work directly related
to the management or general business operations or the employer or the employer’s
customers;
Performance of administrative functions in an educational establishment in work related to
academic instruction or training.
Discretion: The primary duty includes the exercise of discretion and independent judgment with
respect of matter of significance
Executes special assignments and tasks under only general supervision.
Compensation: Is paid not less than $455 per week.
Questions to Consider: Administrative Exemption from the Fair Labor Standards Act
If any of these are true, provide examples as appropriate.
____Is the work primarily related to the management or general business operations of the
employer’s customers (ordinarily students)
____Does the employee have authority to formulate, affect, interpret, or implement management
policies or operating practices?
____Does the employee carry out major assignments in conducting the operations of the business?
____Does the employee perform work that affects business operations to a substantial degree, even
if the employee’s assignments are related to operation of a particular segment of the university?
____Does the employee have authority to commit the employer in matters that have significant
financial impact? (Signature authority)
____Does the employee have authority to waive or deviate from established policies and procedures
without prior approval?
____Does the employee provide consultation or expert advice to management?
____Does the employee have authority to negotiate and bind the business on significant matters?
____Is the employee involved in long or short-term business objectives?
____Does the employee investigate and resolve matters of significance on behalf of
management?
____Does the employee represent the business in handling complaints, arbitrating disputes or
resolving grievances?
Describe the use of discretion and independent judgment in specific examples.
Describe the type of supervision and guidance the incumbent will receive.
EXECUTIVE EMPLOYEES
Duties: Primarily management of a customarily recognized department or subdivision of the
university
Supervision: Customarily and regularly directs two or more other full time permanent
employees or their equivalent
Authority: Possesses the power to hire or fire other employees, or the employee’s suggestions
and recommendations in such decisions, including promotions or any other change of status
are given particular weight
Assistance: Assists the manager and supervises employees in the absence of the manager
Concurrent Duties: Performs non-exempt work as the primary duty but also directs the work of
other non-exempt employees responsible for recurrent or repetitive tasks or work involving
repetitive operations with their hands, physical skill and energy who gain skill and knowledge
through apprenticeships and on-the-job training.
Compensation: Is paid not less than $455 per week.
Describe the incumbent’s work with the planning and control of your budget.
Describe planning requirements and give examples of long and short-term plans.
Number of people the incumbent will directly supervise:
Full Time:
Administrative
Clerical
Professional
Part Time:
Administrative
Clerical
Professional
Student
Describe the incumbent’s responsibility for hiring, firing, promoting etc. of subordinates
COMPUTER EMPLOYEES
Duties: The employee must be employed as a computer systems analyst, computer programmer,
software engineer or other similarly skilled worker in the computer field performing the duties
described below:
1)The application of systems analysis techniques and procedures, including consulting with users,
to determine hardware, software or system functional specifications;
2) The design, development, documentation, analysis, creation, testing or modification of
computer systems or programs, including prototypes, based on and related to user or system
design specifications;
3) The design, documentation, testing, creation or modification of computer programs related to
machine operating systems; or
4) A combination of the aforementioned duties, the performance of which requires the same level
of skills.
Compensation: The employee must be compensated either on a salary or fee basis at a rate not
less than $455 per week or, if compensated on an hourly basis, at a rate not less than $27.63 an
hour;
The employee must be employed as a computer systems analyst, computer programmer,
software engineer or other similarly skilled worker in the computer field performing the duties
described above.
Other Considerations:

The computer employee exemption does not include employees engaged in the manufacture or
repair of computer hardware and related equipment.

Employees whose work is highly dependent upon, or facilitated by, the use of computers and
computer software programs (e.g., engineers, drafters and others skilled in computer-aided
design software), but who are not primarily engaged in computer systems analysis and
programming or other similarly skilled computer-related exempt under the computer employee
exemption occupations identified in the primary duties test described above, are also not exempt
under the computer employee exemption.
Explain with specific examples the type of consulting the position provides and define
system functional needs
Explain the 2 or 3 applications that the employee spends the majority of time modifying:
Explain what types of modifications the position can independently conduct and the
impact of the modification.
Explain any prototypes the position is responsible for designing.
LEARNED PROFESSIONAL EMPLOYEES
Duties: Performance of work requiring advanced knowledge, defined as work which is
predominantly intellectual in character and which includes work requiring learning acquired by a
prolonged course of specialized intellectual instruction as distinguished from general academic
education, apprenticeships, or routine training
Discretion: Work requiring the consistent exercise of discretion and judgment
Work product: The advanced knowledge must be in a field of science or learning; The advanced
knowledge must be customarily acquired by a prolonged course of specialized intellectual
instruction
Compensation: Is paid not less than $455 per week
Describe and give examples of the employee’s use of discretion
Describe the type of advanced knowledge required and how and for what purpose it is
needed.
Describe any original and creative work the incumbent may do requiring invention,
imagination, or special creative talents. (If applicable) What percentage of time will be
spent on creative work and what percentage of time will be spent on standard (noncreative, non-discretionary, or non-analytical) work?
Department’s FLSA Recommendation Request Page
Please add any other examples or descriptions or comments that you feel would help
determine the FLSA exemption category for this position.
I recommend the following exemption for this position:
Non-exempt (does not meet the criteria for exemption) and subject to the overtime
provisions of FLSA
Exempt – Check exemption that position qualifies. If combination, check all exemptions that may
apply and provide an explanation.
Executive Exemption
Administrative Exemption
Learned Professional Exemption
Computer Employee Exemption
Combination of the above –
Please explain (e.g., Computer/Administrative Exemption)
Supervisor:
Date:
The Above statements constitute an accurate and complete description of the position for FLSA
recommendation on the date submitted.