Employees: All persons who receive wages or salaries from the library system.
Exempt and non-exempt: Each employee is designated as either exempt or non-exempt. Employees meeting exemption criteria for professional, executive, administrative, or computer positions under the Fair Labor Standards Act (FLSA) shall be considered to be exempt under policies of the Barry-Lawrence Regional Library. Such positions shall not come under FLSA overtime provisions. All part time employees and full time employees that don’t meet the exempt criteria are considered non-exempt employees.
Regular Full Time Employees: Those employees who work at least 40 hours weekly and who maintain continuous regular employment status. All regular full time employees are eligible for all employee benefits, including paid vacations, paid holidays, paid sick leave, health insurance, dental insurance, and life insurance. Life insurance is voluntary and premiums are paid 100% by the employee.
Regular Part Time Employees: Those employees who work 39 hours or less weekly and who maintain continuous regular employment status. All regular part time employees will be eligible for paid holidays, if they are normally scheduled to work on that particular day of the week. Regular part time employees who work 20 hours or more weekly are eligible for paid vacation and sick leave hours. Regular part time employees are not eligible for health, dental or life insurance benefits. Time missed due to illness may be rescheduled at a later date, preferably in the same pay period, if approved by the supervisor.
Temporary Full Time Employees: Those employees whose service is intended to be of limited duration such as during summer months only or hired for another employee’s leave of absence, but who work the customary number of full time hours. Temporary full time employees are eligible for paid holidays only.
Temporary Part Time Employees: Those employees who work less than the customary number of full time hours weekly and who do not maintain continuous regular employment status. Temporary part time employees are not eligible for any benefits.
SUMMARY OF EXEMPTIONS
EXECUTIVE EXEMPTION: To qualify for the executive employee exemption, all four (4) of the following must be met:
The employee must be compensated on a salary basis at a rate not less than $455 per week.
The employee’s primary duty must be managing the enterprise, or managing a customarily recognized department or subdivision of the enterprise.
The employee must customarily and regularly direct the work of at least two (2) or more other full time employees or their equivalent.
The employee must have the authority to hire or fire other employees, or the employee’s suggestions and recommendations as to the hiring, firing, advancement, promotion or any other change of status of other employees must be given particular weight.
ADMINISTRATIVE EXEMPTION: To qualify for the administrative employee exemption, all three (3) of the following tests must be met:
The employee must be compensated on a salary basis at a rate not less than $455 per week.
The employee’s primary duty must be the performance of office or non-manual work directly related to the management or general business operations of the employer or the employer’s customers.
The employee’s primary duty includes the exercise of discretion and independent judgment with respect to matters of significance.
LEARNED PROFESSIONAL EXEMPTION: To qualify for the learned professional employee exemption, all four (4) of the following tests must be met:
The employee must be compensated on a salary basis at a rate not less than $455 per week.
The employee’s primary duty is the performance of work requiring advanced knowledge, defined as work which is predominantly intellectual in character and which includes work requiring the consistent exercise of discretion and judgment.
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.
CREATIVE PROFESSIONAL EXEMPTION: To qualify for the creative professional exemption, all two (2) of the following tests must be met:
The employee must be compensated on a salary basis at a rate not less than $455 per week.
The employee’s primary duty must be the performance of work requiring invention, imagination, originality, or talent in a recognized field of artistic or creative endeavor.
COMPUTER EMPLOYEE EXEMPTION: To qualify for the computer employee exemption, the following three (3) tests must be met:
The employee must be compensated 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 below.
The employee’s primary duty must consist of:
The application of systems analysis techniques and procedures, including consulting with users, to determine hardware, software or system functional specifications;
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;
The design, documentation, analysis, creation, testing, or modification of computer programs related to machine operating systems; or
A combination of the aforementioned duties, the performance which requires the same level of skills.
For more information on exemptions please visit the U.S. Department of Labor, Wage and Hour Division at http://www.dol.gov/whd/flsa/.
Amended and Approved by Vote of Library Board of Trustees, December 17, 2015
