SUBJECT:

Revised Fair Labor Standards Act Regulations

Last April, the United States Department of Labor published revisions to the "white collar" employee exemption regulations under the Fair Labor Standards Act (FLSA). As of August 23, 2004, all employers are now expected to comply with the new rules. Representatives from the UC Office of General Counsel and campus Human Resources departments worked together to analyze the new regulations and assess the impact on the University of California. As a result, It has been determined that the revised regulations will have little effect on UCSD employees. Employees who are currently eligible for premium overtime will continue their premium overtime eligibility.

However, the following changes will occur to comply with the new regulations:

1) To remain exempt from the premium overtime provisions, all employees in payroll titles currently designated as exempt must now earn a minimum salary level of $455 per week for any week of actual work. The salary threshold must be met in the form of cash compensation, rather than room and board or other perquisites. The minimum salary requirement is absolute and therefore, is not prorated for part-time employees. Consult the Title and Pay Plan at http://blink.ucsd.edu/go/titlepay to determine which titles are exempt from premium overtime.

2) After affected employees are notified later this month, the following 11 payroll titles will change from exempt to non-exempt:

TITLE CODE TITLE
8002      Sr. Clinical Lab Scientist Specialist-Supervisor
8019      Sr. Psychometrist-Supervisor
8025      Recreation Therapist I-Supervisor
8026      Recreation Therapist II-Supervisor
8042      Sr. Orthoptist-Supervisor
8982      Sr. Orthoptist
9127      Clinical Nurse IV-Supervisor
9392      Sr. Psychometrist
9451      Music Therapist
9465      Recreation Therapist II
9466      Recreation Therapist I

QUESTIONS?

If you have any questions regarding the revised FLSA regulations, contact Rosemarie Mirano-del Mar in the Compensation Unit at (858) 822-2650 or e-mail rmirano@ucsd.edu.

Rogers Davis Assistant Vice Chancellor - Human Resources