Exempt and Non-exempt Employees

(U.S. Fair Labor Standards Act - Public Law 99-150)

The state of Arkansas Office of Personnel Management (OPM) designates state job titles as exempt or non-exempt under the federal Fair Labor Standards Act (FLSA). Certain positions may, because of the nature of their responsibilities, be exceptions to OPM's general classification of exempt or non-exempt. Human Resources can review specific positions for exempt or non-exempt status using U.S. Department of Labor guidelines.

Exempt employees are those whose job duties meet certain criteria for executive, administrative, professional and outside sales positions, as well as certain computer-related positions and highly compensated employees. The Fair Labor Standards Act does not require employees in exempt positions to receive additional compensation for working more than 40 hours in a work week. Positions employed in agriculture, as defined under the FLSA, are exempt from federal overtime compensation requirements as well.

Non-exempt positions refer to jobs that are covered by the Fair Labor Standards Act and thus eligible for overtime compensation (generally in the form of compensatory time) for hours worked in excess of 40 hours in any work week. Such overtime hours must be approved in advance by the person authorized for the department. For more information on overtime compensation, see Section 5.3 of this handbook.