Lab Personnel Classification –

Challenges and Action Plan

Background

• Why are we here?

• Project Team:

• Sue Menko, Rich Smeyne, Brian Squilla, Robert Taylor, Kristin

Kelleher, Compensation team

• Review of current Jefferson position and FLSA classification for

lab personnel

• Creation of Sr. Research Investigator position (Exempt)

• Creation of Exemption checklist & FLSA Guidelines

• Suzana Hamza –Pathology, Anatomy, and Cell Biology, Rehab Sciences, Anesthesiology, Pharmacy, Computational Medicine, Research Compliance

• Kristin Kelleher – Biochem & Molecular Biology, Pharmacology & Experimental Therapy, Microbiology

• Laila Burns– SKCC, Neuroscience

• Misty McCloskey- Orthopedics

• Maria Mendez – Radiology

• Elizabeth Fahncke – Medicine

To locate your HRBP:

• Myhr.jefferson.edu (Employee Self Service), select “Who is my HR Business Partner?”

Business Partners

Job Description Matrix

• Template of various Jefferson lab

positions

• Working group being formed to

review template and create a

standard matrix of basic sciences

positions

Sr. Research Investigator

Perform duties of PI with exception

of grant writing (Does not provide

signature authority of grants)

Expectations of assistant and

associate professors without the

grant writing or teaching

components

PhD/MD; at least 5

years of managing lab

experience

Will review based upon

role, credentials, and

experience of candidate

(typical pay target is

$80k)

Exempt

FUNCTIONS REQUIREMENTS SALARY FLSA

STATUS

FLSA Guidelines

• What is the FLSA?

• Why is this important?

• Difference between Exempt and

Non-Exempt Employees

• TJU Workweek

• Overtime

• Meal Breaks

FLSA Non-Compliance• University of California (2017)– failed to pay proper OT throughout 11 campuses and medical

centers

• $750k in back wages, $616k in liquidated damages

• Stonington Behavioral Health Inc.(CT), Universal Health Services Inc. (PA), & UHS of Delaware Inc.

(2007) – lawsuit filed by DOL found workers routinely worked unpaid, unrecorded hours and paid

less than mandatory federal minimum and overtime wages

• More than $1M in back wages of 143 employee, $50k in civil monetary penalties

• Cerner (electronic health records giant – 2018) – workers claim fraudulent pay practices which

made OT payments incorrect.

• After 3 year lawsuit, settled around $4.5M in financial compensation

• University Medical Center/Lubbock County Hospital District (2018) – overtime and recordkeeping

violations found by DOL investigation

• $120k in back wages for 197 employees

FAQs

• My researchers often work flexible work weeks. For example, they may work 45 hours in one week,

and 35 hour the next, but the total time over two weeks does not exceed 80 hours. Can we offer

employees this flexibility to vary their weekly hours without incurring overtime pay?

• Can I offer my non-exempt employee Comp Time instead of Overtime pay?

• I am concerned my non-exempt employees will work additional hours to receive overtime pay.

What should I do to prevent this?

• My research requires lab personnel to work outside of the standard scheduled hours, e.g., on

occasion will require evening work. When this occurs, I would prefer for the researcher to come to

the lab later in the morning to avoid overtime expense. Am I permitted to modify schedules in that

manner?

• I do not have the funding for overtime. How do I handle a situation when I need to have someone

working overtime hours?

Exemption Checklist

• Contact HRBP to review the following:

• Job Description

• CV/Resume

• Exemption Overviews

• Learned Professional versus Administrative

• Complete exemption test questionnaire

• Submit to HRBP

• Compensation Review for final approval

Sample

• Lab Coordinator• Has 4 years of lab experience

• Bachelor’s degree

• Manages lab independently

• Trains, supervises and provides direction to lab

personnel

• 1 grad student (40+ hours), 3 undergrad

students (1 at 40 hours, 2 at 20 hours)

• Represents lab for presentation (internal and

external)

• Independently designs and runs experiments,

analyzes results

Next Steps

• Working group of HR and PIs to finalize job position matrix for

basic science positions.

• After review of documents, if you believe you have a position

and individual that would qualify for exempt status, please

reach out to your HRBP to begin the review and checklist

completion.