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Last Revised May 2018
University of Delaware
Position Evaluation Form for Non-Benefitted Positions
Exempt/Non-Exempt status is based on regulations outlined under the Fair Labor Standards Act.
Generally, exemption from the Act is determined by a salary basis test, minimum salary test, and
job duties, which must meet the Department of Labor’s standards for one of the four categories
discussed below. See: Department of Labor, Wage and Hour Division, Fact Sheet #17A.
Department of Labor, Wage and Hour Division Fact Sheets
#17A http://www.udel.edu/002665
#17D http://www.udel.edu/002667
#17C http://www.udel.edu/002666
#17E http://www.udel.edu/002214
After reviewing Fact Sheet #17A, please answer the following questions for each worker that, in
your opinion, could be classified as exempt. For all requests, please provide information on all
the following:
Proposed Job Title:
Employee Name:
Empl ID (if available):
Total Compensation for Contract:
Date of Hire (if applicable):
Weekly Compensation Amount:
Department:
Semi-Monthly Compensation Amount:
Supervisor:
Period Covered/Contract Dates:
Date Completed:
Weekly Hours:
Completed By:
Context of the position:
Brief description of at least three major responsibilities of the job, and required minimum
education and experience.
Signature (College Business Officer/Unit HR Manager) Date
Please submit the completed form to Compensation & Benefits (hr-class@udel.edu).
Compensation will respond to the applicable College Business Officer/Unit HR Manager with a
determination of the FLSA status. Note, if the job changes and/or compensation drops lower
than the amount indicated for the applicable exemptions, a new determination form must be
completed prior to the approval of any change.
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signature
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Last Revised May 2018
A. ADMINISTRATIVE EMPLOYEE. See: Department of Labor, Wage and Hour
Division, Fact Sheet #17C. Answer the following to determine whether a worker should be
classified as an exempt administrative employee.
1. Is the employee’s primary duty performing office or non-manual work directly related to
the management or general business operations of the University or its customers?
Yes No Don’t Know
2. Does the employee exercise discretion and independent judgment with respect to matters
of significance? That is, does he/she evaluate and compare possible courses of action and then
make a decision or recommendation after considering the various possibilities?
Yes No Don’t Know
3. Is the employee compensated on a salary or fee basis at a rate not less than $913 per
week?
Yes No Don’t Know
B. LEARNED PROFESSIONAL EMPLOYEE. See: Department of Labor, Wage and
Hour Division, Fact Sheet #17D. Answer the following to determine whether a worker should
be classified as an exempt learned professional:
1. Is the employee’s primary duty to perform work requiring knowledge of an advanced
type in a field of science or learning customarily acquired by a prolonged course of specialized
intellectual instruction?
Yes No Don’t Know
2. Is the advanced knowledge obtained by completing an academic course of study resulting
in a four-year college degree or leading to certification?
Yes No Don’t Know
3. Is the employee compensated on a salary or fee basis at a rate not less than $913 per
week?
Yes No Don’t Know
Exception: Those who’ve completed the educational requirements for a law or medical degree
need not meet the minimum salary requirement. Also, teachers need not be certified or meet the
minimum salary requirement to qualify as learned professionals.
C. CREATIVE PROFESSIONAL EMPLOYEE. See: Department of Labor, Wage and
Hour Division, Fact Sheet #17D. Answer the following to determine whether a worker should
be classified as an exempt creative professional:
1. Is the employee’s primary duty to perform work requiring invention, originality or talent
in a recognized field of artistic endeavor such as music, writing, acting and the graphic arts?
Yes No Don’t Know
2. Does the work require more than intelligence, diligence and accuracy (i.e., does it require
“talent”)?
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Last Revised May 2018
Yes No Don’t Know
3. Is the employee compensated on a salary or fee basis at a rate not less than $913 per
week?
Yes No Don’t Know
D. COMPUTER PROFESSIONAL. See: Department of Labor, Wage and Hour
Division, Fact Sheet #17E. Answer the following to determine whether a worker should be
classified as an exempt computer professional:
1. Is the employee paid at least $913 per week on a salary or fee basis or, if paid hourly, at a
rate of not less than $27.63 per hour?
Yes No Don’t Know
2. Is the employee’s primary duty:
Application of system analysis techniques and procedures, including consulting with
users, to determine hardware, software or system functional specifications;
Yes No Don’t Know OR
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;
Yes No Don’t Know OR
Design, testing, documentation, creation or modification of computer programs related
to machine operating systems;
Yes No Don’t Know OR
A combination of the aforementioned duties requiring the same level of skills?
Yes No Don’t Know
For Office of Human Resources Use Only
Determination:
Exempt Non-Exempt (process necessary documentation to include
in UD Time and pay on an hourly basis)
Administrative
Creative Professional
HR-Compensation Date
cc: CBO or HR Manager
HR Systems
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