West Virginia Code of State Rules › Agency 133 - Higher Education Policy Commission › Title 133 - LEGISLATIVE RULE WEST VIRGINIA HIGHER EDUCATION POLICY COMMISSION › Series 133-55 - Human Resources Administration › Section 133-55-5 - Employee Categories

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. Higher
				education employees are segmented into one of the following categories or
				classes. Employees in each category may be full-time or part-time or regular or
				temporary.
5.1.a. Classified Employee. Any
				regular full-time or regular part-time employee of an organization who does not
				meet the duties test for exempt status under the provisions of the Fair Labor
				Standards Act; and is not otherwise a nonclassified employee.
5.1.b. Faculty Employee. Faculty employees
				are appointed at the discretion of the institutional president or designee to
				support the academic mission of the institution, via teaching, research, public
				service, and or academic administration. A full time faculty member is an
				employee appointed to render full time academic service for a full academic
				year under a nine-month minimum appointment for at least six (6) semester
				credit hours teaching per semester or the equivalent in teaching, research,
				public service, and/or administrative responsibilities.
5.1.c. Nonclassified Employee. Nonclassified
				employees, unless otherwise established by action of the organization or
				institution where employed, serves at the will and pleasure of the
				organization, which authority may be delegated by act of the governing board or
				the Commission. To be designated as nonclassified, the employee must meet one
				or more of the following criteria:
5.1.c.1.
				Employee holds a direct policy-making position at the department or
				organization level;
5.1.c.2.
				Employee reports directly to the president or chief executive officer of the
				organization;
5.1.c.3. Employee is
				in a position considered by the chancellor, president or designee to be
				critical to the organization pursuant to policies or decisions adopted by a
				governing board;
5.1.c.4. Employee
				in an information technology-related position which may be defined by policies
				or decisions adopted by a governing board;
5.1.c.5. Employee hired after July 1, 2017 in
				a position that meets the duties test for exempt status under the provisions of
				the Fair Labor Standards Act when hired or anytime thereafter; or
5.1.c.6. An employee in a nonclassified
				position as of January 1, 2017 who may not meet criteria listed in subsections
				5.1.c.1. through 5.1.c.5. of this rule.
5.1.d. Student Employee. An employee enrolled
				at the institution as a student and whose primary purpose for being at the
				institution is to obtain an education. The employee category of "student
				employee" is for students who work at the institution in jobs or positions that
				are solely available to students enrolled at the institution, as opposed to the
				general public. When the student worker is no longer enrolled he/she is no
				longer eligible to work in the student worker position. A student employee is
				not eligible for benefits.