Request FLSA 13(A)(3) Exemption

THE LANGUAGE USED IN THIS DOCUMENT DOES NOT CREATE AN EMPLOYMENT CONTRACT BETWEEN THE EMPLOYEE AND THE AGENCY. THE DOCUMENT DOES NOT CREATE ANY CONTRACTUAL RIGHTS OR ENTITLEMENTS. THE AGENCY RESERVES THE RIGHT TO REVISE THE CONTENT OF THIS DOCUMENT, IN WHOLE OR IN PART. NO PROMISES OR ASSURANCES, WHETHER WRITTEN OR ORAL, WHICH ARE CONTRARY OR INCONSISTENT WITH THE TERMS OF THIS PARAGRAPH CREATE ANY CONTRACT OF EMPLOYMENT.

Departmental Responsibility: Office of Human Resources
Topic: Request FLSA 13(A)(3) Exemption
Procedure: Request FLSA 13(A)(3) Exemption
Effective: July 07, 2014
Last Revised Date: November 19, 2014

Request FLSA 13(A)(3) Exemption Procedure

Goal:

To provide a potential option to obtain the FLSA 13(A)(3) Exemption for camp and seasonal positions. Paid service hours for positions meeting this exemption will not be counted for reporting purposes.

Audience:

Colleges/Divisions with camp/seasonal programs.

Process:

1. Colleges/Divisions interested in obtaining the FLSA 13(A)(3) Exemption need to complete the FLSA 13(A)(3) Exemption Worksheet (Excel), and submit it to The Office of Human Resources, including all necessary backup documentation.
2. The Office of Human Resources will review completed questionnaires with attorneys as needed to determine eligibility.
3. If the request is determined to meet the FLSA 13(A)(3) Exemption, the Office of Human Resources will send notification of pending approval to the College/Division via the Letter of Acknowledgement- Exemption from counting work hours (PDF) indicating specific terms and approvals needed to process.
4. The Letter of Acknowledgement- Exemption from counting work hours (PDF) must be signed by program director and dean/division head, and returned to The Office of Human Resources for the request to be approved. The College/Division must provide of the signed document to their VP for information.
5. The Program contact for the College/Division will be notified of the final decision and instructions from the Office of Human Resources regarding the effective date and data entry for approved requests.
6. The College/Division will communicate with the worker and supervisor regarding their responsibilities as noted in this procedure.
7. If the request is not determined to meet the FLSA 13(A)(3) Exemption, the Office of Human Resources will notify the Program contact of the decision, and provide a copy of the procedure: Request to average paid service hours for summer camp/seasonal workers as a potential option to consider.

Responsibilities:

College/Divisions:

• Complete the FLSA 13(A)(3) Exemption Worksheet (Excel) and submit it to the Office of Human Resources for consideration.
• Sign a Letter of Acknowledgement- Exemption from counting work hours (PDF) (written agreement) upon approval, accepting responsibility:
  • That the information provided in the FLSA 13(A)(3) Exemption Worksheet (Excel) was accurate and would be updated as needed
  • To monitor exempt positions to ensure the employees are not working other positions
  • To ensure proper fields, values, and earnings codes are entered into the Human Resources System once the Letter of Acknowledgement- Exemption from counting work hours (PDF) is received by The Office of Human Resources.
• Upon receipt of all necessary approvals:
  • Include required language in the offer letter to ensure all summer camp/seasonal workers meeting the FLSA 13(a)(3) Exemption are informed of the following:
    • Position requirements
    • Their responsibilities as noted in this procedure
    • Conduct pay period review of hours worked to ensure proper use of the 13A earnings code and reporting for international workers in positions meeting the FLSA 13(A)(3) Exemption.

Camp/Seasonal Workers meeting the FLSA 13(A)(3) Exemption:

• Not to work any other job at the University during the duration of position meeting the FLSA 13(A)(3) Exemption.

Supervisors:

• Ensure summer camp/seasonal workers meeting the FLSA 13(A)(3) Exemption receive notification of:
  • Their position requirements,
  • Their responsibilities as noted in this procedure

Disciplinary Action:

Student Workers:

Any summer camp/seasonal worker violating the policies or procedures will be disciplined for their offense in a manner consistent with the Clemson University Discipline Policy.

Supervisors:

Supervisors will be subject to disciplinary action if they fail to follow the University policies and procedures.

Questions:

Please contact the Office of Human Resources through Ask-HR or 864-656-2000 regarding any questions.

Related Documents:

Graduate Student Workers

International Student Workers

Undergraduate Student Workers

Part-Time Temporary Teaching Faculty and Staff

FLSA 13(A)(3) Exemption Worksheet (Excel)

Letter of Acknowledgement- Exemption from counting work hours (PDF)