| Approved by: | |
| History: | Issued -- |
| Revised -- | |
| Last Reviewed -- | |
| Related Policies: | |
| Additional References: | |
| Responsible Official: | Associate Vice President and Chief Human Resources Officer tel. 202-319-5050 |
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In accordance with the provisions of the Fair Labor Standards Act, positions are categorized as exempt or non-exempt from overtime pay. Exempt positions are held by administrators and professional employees. All other positions are considered to be non-exempt. Determination of the appropriate category of a position is made by the Compensation Manager in the Office of Human Resources based on U.S. Department of Labor criteria. Employees are selected to fill positions within the organization based on education, experience, training, interest, skills, abilities, and familiarity with the mission of the University.
In accordance with the provisions of the Fair Labor Standards Act, positions are categorized as exempt or non-exempt from overtime pay. Exempt positions are held by administrators and professional employees. All other positions are considered to be non-exempt. Determination of the appropriate category of a position is made by the Compensation Manager in the Office of Human Resources based on U.S. Department of Labor criteria.
A. Administrators
Administrators of the university are those persons whose positions require primary responsibility for management of the institution or one or more of its recognized departments. Administrative level personnel include vice presidents, the Secretary of the University, persons appointed by the President and some persons reporting directly to vice presidents. This category does not include persons holding faculty appointments.
B. Professional Employees
Professional level employees have responsibility for planning, organizing, directing, and attaining goals and objectives, and performing duties for the university under the organizational jurisdiction of Administrators.
C. Professional Librarians
Professional Librarians, being closely associated with the faculty in the shared endeavor of teaching and research, are professional employees who are accorded academic status within the following guidelines:
The Library of The Catholic University of America is recognized as a distinct academic unit. The Library through its professional staff provides a service essential and unique to the process of education and research at the University.
Professional librarians are members of the community of scholars closely associated with the faculty in the shared endeavor of teaching and research. As such, they have academic status. Professional librarians are represented in the Academic Senate by the Director of Libraries (ex officio) and one elected professional librarian. Each has a vote.
Professional librarians are appointed annually by the Provost, on the authority of the President, to Public, Technical or Specialist positions. Professional librarians continue in these positions upon the recommendation of the Director of Libraries whose decision is based upon satisfactory performance.
Duties and responsibilities of the professional staff are determined by the Director of Libraries and are approved by the Provost. The rights and privileges of professional library staff include all those rights and privileges which are granted to exempt level professional employees of The Catholic University of America. Rights and privileges which are unique to professional librarians are defined in the library's Policy and Procedures Manual.
(This statement was developed by the Library Task Force on Academic Status on November 30, 1987 and approved by the Professional Library Staff on February 4, 1988. Approval signatures of the Academic Vice President and the Executive Vice President were affixed on March 22, 1988.)
III. Non-Exempt Employees
Positions on the support staff, e.g., secretarial, clerical, administrative assistant, paraprofessional, etc., are subject to the provisions of the Fair Labor Standards Act. Support staff positions are classified according to the level of skill and responsibility required.
Some positions in the University are covered by collective bargaining agreements. These include all but the supervisors in departments that have elected union representation. Employees covered by collective bargaining agreements must belong to the applicable union. The University recognizes the elected union as the representative for members in respect to pay, hours of work, etc. Copies of the agreements are available from union representatives and shop stewarts.
Special circumstances sometimes require that employees work beyond their normal schedules. During school breaks and emergency closings, certain facilities will continue to operate but with limited staffing. Each vice president is responsible for defining essential services. Cognizant deans, directors or supervisors are responsible for informing each employee whether he/she is considered an "essential" employee and in what circumstances, if any, he/she is likely to be expected to work beyond normal hours. Any employee unsure of his/her status should clarify the matter with the dean, director or supervisor.
Unless the employee is entitled to overtime pay, no special compensation is given to essential employees who work during an emergency closing or school break.
Full-time University students are not permitted to hold either a regular part-time or regular full-time position at the University. They are eligible only for temporary, part-time positions, that is, those requiring no more than nineteen (19) hours of work per week. Student employees may work no more than an accumulated total of 999 hours in a calendar year.
A regular full-time or regular part-time member of the staff may be a part-time University student.
Student positions in the Federally funded College Work-Study Program are not covered by this Policy.
VI. International Student Employees
International students, whether on F-1 (student) or J-1 (exchange) visas, are permitted to work on the campus of the school that has sponsored them. This work permission is an inherent part of their immigration status as long as the following conditions apply:
1. They are maintaining their legal status in the U.S. by maintaining full-time student status as defined under the immigration regulations;
2. If they are actively pursuing their degrees, they can not legally work more than 19 hours a week while school is in session. During the summer and when school is not in session, students can work more than 19 hours a week.
3. The international students should not displace U.S. citizens or permanent residents. An exception to this condition applies to students who have been awarded fellowships or assistantships that require them to work.
4. Students on J-1 visas who are not sponsored by CUA also require the permission of their sponsors.
5. The on-campus employment opportunity must be at physical locations considered to be part of the University campus. The John Paul II Cultural Center and the Shrine are not legally part of the University campus, though the bookstore and the campus dining services are. On rare occasion, off-campus sites may be deemed to be part of the University campus if certain legal conditions apply. International Student and Scholar Services, working with the University's General Counsel's office will determine if the job meets the legal requirements.
International students often face different tax withholding requirements. As such they must meet with the appropriate tax professional at the University Payroll office to determine appropriate tax withholding for each student. Generally speaking:
1. Contributions for Social Security are not withheld for students employed on F-1 or J-1 visas for a period of 5 calendar years, beginning with the year in which the student initially obtained F-1 status.
2. Federal and State income taxes may be withheld, though the U.S. may have negotiated tax treaties with the student's home country which affects the taxes withheld.
3. Special rules exists for completing Form W-4 for individuals who are considered to be non-resident aliens for tax purposes under Internal Revenue Services regulations.
Further information regarding tax withholding is available from the University Payroll office.