The FLSA establishes provisions and standards to determine overtime pay, hours worked, record-keeping plans, and child-labor provisions. Staff at Duke are either classified as performing "exempt" or "non-exempt" work based upon regulations of the FLSA. The determination of "exempt" or "non-exempt" work is made by Duke Human Resources in accordance with FLSA criteria.

FLSA regulations provide an exemption from overtime pay for staff employed as bona fide executive, administrative, professional, and/or outside sales staff.

Non-Exempt Status

Duke is required by federal law to pay a regular hourly wage to staff performing non- exempt work. Duke is also required to pay staff performing non-exempt work for all hours worked beyond 40 hours in a workweek at the rate of one-and-a-half times their regular hourly wage. Refer to the Hours Worked policy for overtime pay eligibility criteria.

Exempt Status

Staff performing exempt work are not covered by the overtime pay provisions of the FLSA and are not eligible to receive overtime pay for hours worked beyond 40 in a workweek.

Staff performing exempt work are paid on a salary basis and receive a predetermined amount of pay each pay period. Staff in exempt positions receive the full salary for any workweek in which they perform any work – regardless of the number of days or hours worked in the case of approved absences. Pay may also be charged to accrued benefits such as sick leave, vacation, holidays, or PTO.