(Approved by the USM-Board of Regents, June 9, 1995 and effective July 1, 
1996; Technical Amendment approved by the Chancellor June 15, 2001)


	This policy establishes the job groups of "Nonexempt" and "Exempt" for 
	Staff employees based upon the application of the Fair Labor Standards Act, 
	Title 29 United States Code (FLSA 29 U.S.C.) for all USM staff positions 
	and job classes.  This policy does not apply to Faculty employees.


	A. Based upon the legally mandated distinctions contained in the Fair 
	   Labor Standards Act (FLSA 29 U.S.C.), the USM job evaluation and pay 
	   programs shall be comprised of two Staff job group designations.

		1. Nonexempt  -	Maintenance, Office, Service, Technical and 
		   Para-professional Staff.

		2. Exempt  -	a.) CEOs - Chancellor and Presidents
				b.) Officers - Vice-Chancellors ,Vice-Presidents,  
				    Provosts, and Deans performing an administrative 
				c.) Managers, Administrators, and Professional Staff

	B. Assignments to job groups shall be made in accordance with the Fair 
	   Labor Standards Act (FLSA 29 U.S.C.) Department of Labor official tests 
	   for Nonexempt and Exempt group designations.

	C. The designations of Nonexempt and Exempt are used to address Staff 
	   employee policies contained specifically in Section VII of this USM-BOR 
	   policy manual.

	D. Faculty - This policy does not apply to Faculty employees or jobs.  
	   Even though Faculty jobs are considered to be Exempt from overtime pay 
	   under the FLSA regulations, the job groupings designated in this policy 
	   do not apply to Faculty.  A USM employee holding a Tenured or Tenured 
	   Track Faculty Rank and working on a concurrent administrative appointment 
	   shall not be considered a Staff employee, serves at the pleasure of the 
	   CEO and remains subject to USM policies applicable to faculty.  Faculty 
	   employees are covered by policies in Section II of this USM-BOR policy 
	   manual.  See USM-BOR II-1.00 Policy on Appointment, Rank and Tenure of 
	   Faculty, and USM-BOR II-1.03 Policy on Concurrent Faculty and Administrative 


	The Chancellor or designee shall develop subgroups for Nonexempt and 
	Exempt job groups when necessary and appropriate.


	USM Staff employees may be appointed to a Regular Status or a 
	Contingent Status position.

	A. Regular Status - Any position that is established as a line item and 
	   appears in the personnel detail of an institution's budget.  Employees 
	   on Regular Status are eligible for all benefits offered by the USM, based 
	   on percentage of time worked.

	B. Contingent Status - Any position established through a written agreement 
	   between the USM and a person, who shall provide personal services to an 
	   institution for pay and for a specific period of time.  Employees on 
	   Contingent Status shall not be eligible for retirement plans offered 
	   through the USM.  See USM-BOR VII-1.40-Policy on Contingent Status 
	   Employment for further information.

		1. Contingent Category I - Not eligible for USM benefits

		2. Contingent Category II - Eligible for USM benefits as defined in the 
		   USM-BOR VII-1.40-Policy on Contingent Employment


	Designation of full-time and part-time employment may be used for both 
	Regular Status and Contingent Status Staff positions.

	A. Full-time employment - The position is designated as 100% Full Time 
	   Equivalent (FTE) and the employee is scheduled to a 40 hour workweek.

	B. Part-time employment - The position is designated as less than 100% 
	   FTE and the employee is scheduled to work less than a 40 hour workweek.  
	   Employees in this group must work at least 50% FTE in order to be eligible 
	   for benefits.  Benefits are prorated based on percentage of time worked.


	Each Chief Executive Officer shall identify his/her designee(s) as 
	appropriate for this policy; shall develop procedures as necessary 
	to implement this policy; shall communicate this policy and applicable 
	procedures to his/her institutional community; and shall forward a copy 
	of such designations and procedures to the Chancellor.


	The following policies, as they apply to Nonexempt employees of the USM, 
	are replaced effective July 1, 1996.  Additionally, these policies, as 
	they apply to Exempt employees are replaced effective January 1, 2000.

	UM Personnel Policies and Rules for Associate Staff, Positions 
	and Appointments, Paragraph A. Establishment of Positions, page 1; 
	Employment Standards for Associate Staff, Paragraph A. Compensation 
	of Associate Staff, page 5.

	UM Personnel Policies and Rules for Classified Employees, 
	Section IV, Classification, Overtime, Paragraphs 3. Group I, 4. 
	Group II, and 5., pages V-3, V-4; Group I Listing, page V-7; 
	Section II. Classified Employment, Appointments, Paragraph 1. 
	Regular,  page II-12.

	Laws Relating to and Governing Policies and Procedures of the 
	BTSUC, Section VI, Administrative Officers - Paragraph A. 
	Definition, page VI-1; Section IX, Professional Librarians - 
	Paragraphs A. Definition of Professional Librarians; B. Director 
	and Associate Director of Library, page IX-1; F. Definition of 
	Library Technician, page IX-3.

	UM BOR Policies and Procedures Manual, III-2.ll Presidential 
	Classification on Appointments for Computing Center Directors, 
	page III-2.ll-l; III-2.19 If and When Needed Appointments, page 
	III-2.19-1 and 2.

	Bylaws, Policies and Procedures of the BOR-UMS, VII-1.00, Interim 
	University System Policy on the Appointment and Employment of 
	Administrative and Classified Personnel, Sections I.B.2., page 
	VII-1.00-1; I.B.3., page VII-1.00-2.

	Additionally, this policy supersedes, in whole or in part, any 
	policy(ies) and/or procedure(s) established by the Regents, 
	Trustees, Presidents, or their designees, of the former 
	institutions of the University of Maryland, and of the former 
	State Universities and Colleges, and of the Regents of the 
	University of Maryland System that are in conflict with this 
	policy's purpose, applicability, or intent, that may have been 
	overlooked and not included as a specific citation under 
	"Replacement for."