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Nonexempt Guidelines

Nonexempt positions are covered by the Fair Labor Standards Act (FLSA) because of the nature of their duties, level of decision-making authority, and compensation structure. Employees in these roles must be paid for all hours worked and are eligible for overtime pay.

Full-time Nonexempt employees typically work 40 hours per week and are required to accurately record all hours worked, including partial hours. Hours worked over 40 in a workweek are paid at 1.5 times the regular hourly rate.


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Pay Bands

Nonexempt pay bands are established and maintained by the University System of Maryland (USM). Pay bands are reviewed biennially for market competitiveness. The pay bands may be adjusted as a result of the review. Employees do not receive individual pay increases with the salary range adjustments unless current salaries fall below the new range minimum for the respective pay band.


Establishing Positions

Departments submit completed position descriptions through Workday for review and approval. Each position description must include a concise job summary outlining the role’s purpose, along with clearly defined essential duties and responsibilities.

Alignment with USM job specifications

The work described in the position description must align with an established USM non-exempt job specification. These specifications set standardized job titles, define the scope and level of work, outline minimum qualifications, identify the associated pay band, and serve as the basis for classifying non-exempt positions.


Salary Setting for New Hires and Position Changes

A new hire includes any individual selected through a competitive search process, whether internal or external. Each Non-Exempt new hire’s salary must be appointed at or above the minimum of the pay range. Additional approval is required for starting salaries that exceed the established hiring range.

When posting non-exempt positions, please note that UMD only has authority to post within its delegated salary range. Postings may not be set below the minimum or above the maximum of UMD's delegated salary authority, regardless of departmental preference or budget considerations. These ranges can be reviewed here.

A candidate who is currently a Regular or Contingent II (CII) employee at UMD is considered an internal candidate.

  • When an employee is promoted into a position with a higher pay band, they must receive a base salary increase of at least 6%, up to 12%, or be adjusted to the minimum of the new pay band; whichever results in the higher salary adjustment
  • Transfer within the same pay band: no change to base salary
  • Voluntary move to a position with a lower pay band: a salary reduction may be considered depending on the circumstances, but the resulting salary cannot exceed the new pay band's maximum.

A search waiver is an exception to the regular search and selection process and, if approved, is subject to the same salary-setting guidelines outlined above. Please contact the UHR Talent Acquisition Team regarding search waivers.


Reclassification Salary Adjustment

A reclassification may occur when a position’s duties and responsibilities have changed significantly in scope, complexity, or level such that the position no longer aligns with its current job classification. This determination is based on the position evolving to include higher-level duties and responsibilities and is not driven solely by increases in workload, task volume, or staffing shortages.

When a position is reclassified to a higher pay band, the incumbent’s salary must receive a base salary increase of at least 6%, up to 12%, or be adjusted to the minimum of the new pay band; whichever results in the higher salary adjustment. 


Salary Adjustments

Cost of Living Adjustments (COLA) are set by Maryland State Law and University System of Maryland (USM) salary directives. All regular employees receive COLA if and when it is allocated by the State. In cases where an employee’s salary is at or above the maximum of the pay band, the employee will still receive a COLA increase. 

COLA for a CII employee is at the hiring department’s discretion. The hiring department determines whether or not COLA is part of the contract at the time of hire.

Past Cost of Living Adjustments

When funding is available, employees who consistently meet performance expectations may receive merit salary increases. Merit funding is established by the University System of Maryland (USM) and distributed to institutions for administration. At UMD, performance evaluations conducted through the Performance Review and Development (PRD) process are used to guide merit eligibility and salary decisions. All merit increases are subject to approved salary guidelines and budget allocations.

Employees whose salaries are at or above the maximum of their assigned salary range may still be eligible for a merit increase. In these cases, the increase is provided as a lump-sum payment rather than an adjustment to base salary, consistent with USM salary guidelines for non-bargaining unit employees, as well as Article 8, Section 2 of the USM and AFSCME MOU for bargaining unit employees represented by AFSCME. 

Merit adjustments for a CII employee are at the discretion of the hiring department. The hiring department determines whether or not merit adjustments are part of the contract at the time of hire.

Past Merit Budget Amounts

Standard retention: considered when a staff employee in a position identified as both critical to operational needs and difficult to backfill receives a documented external employment offer from an organization outside of the University of Maryland, College Park. The external offer must be submitted as part of the request. A counter-offer, in an amount up to the external job offer, may be used to retain the employee, subject to appropriate approvals.

Pre-emptive retention: considered when a staff employee occupies a position that is critical to operational needs and difficult to backfill, and there is a credible risk of the employee’s imminent departure due to active recruitment by an external organization. The department head must attest that they have reasonable certainty the employee is being actively recruited and that a pre-emptive salary adjustment is necessary to avert the employee’s imminent departure. The pre-emptive retention offer is limited to 12% of the employee’s base salary.


Temporary Pay Additions

It is expected that non-exempt employees may occasionally perform duties above or below their assigned grade or classification without a change in base pay.

When such changes occur with greater frequency and for a defined period of time, a temporary assignment may be appropriate. Temporary assignments involving added or removed duties are at the supervisor’s discretion and do not automatically result in a change in title, classification, or compensation. Requests for temporary assignment or adjustment of duties are subject to review by University Human Resources Classification and Compensation.

Temporary Duty Changes do not involve movement to a higher pay band.

An acting capacity assignment is a formal, temporary appointment in which an employee performs the duties of a regular position in a higher pay band for a limited period, typically when a permanent appointment cannot be made immediately. Acting assignments are generally expected to exceed 30 consecutive calendar days and are intended to be temporary in nature. Employees must meet the minimum qualifications of the higher-level position to serve in an acting capacity. 

Acting capacity applies when an employee is assigned the full scope of duties assigned to a higher pay band and may include a temporary salary adjustment.

When a non-exempt, bargaining employee is performing duties of a position one or more non-exempt pay bands higher, the base salary may be increased by 6% (Source: AFSCME Memorandum of Understanding (MOU), Article 8 – Wages and Salaries, Section 13 – Acting Capacity). 

When a non-exempt, non-bargaining employee is performing duties of a position in a higher non-exempt pay band, the base salary may be increased by 6%. When a non-exempt, non-bargaining employee is performing duties of a position that is two or more non-exempt pay bands higher, the base salary may be increased by up to 12%. 

At the end of the assignment, the employee returns to their prior position with the same salary and status as if the temporary assignment had not occurred.

If, prior to Family and Medical Leave (FML), an employee was receiving an increment for Temporary Assignments or Acting/Interim Capacity appointments, the employee’s salary shall be adjusted to their regular rate of pay, exclusive of any adjustment for the acting or interim appointment, for any continuous FML lasting ten (10) business days or longer.


Forms and Templates

All official Classification and Compensation requests must be submitted through Workday. Optional forms, templates, and other resources are available to support departmental planning and internal review. These are aids for preparing a request, not a substitute for submitting one in Workday.

Salary structures

Current pay band ranges

Fair Labor Standards Act

FLSA overview

Talent Acquisition Team

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