Employee/Non-Employee Classification Policy

Effective Date

June,  2017

Last Revision Date

July, 2023 

Responsible Party

Human Resources


All employees  


To outline the guidelines and define the types of classifications for employees and non-employees at Marymount University (“University”).  

Policy Statement

The University has established certain classifications for employees and non-employees.  This policy ensures consistency at the University for hiring, determining pay and benefits, applying policies, and meeting applicable reporting requirements. 

1.0 Employees

An individual who is legally employed by the University and is compensated through the university payroll for his or her services.

1.1  Exempt Employee

Exempt employees are non overtime-eligible and not covered by the federal minimum wage and overtime compensation requirements of the Fair Labor Standards Act (FLSA Exempt). Both full-time and part-time faculty are classified as exempt employees.  Salary paid.

1.2  Non-Exempt Employee

A non-exempt employee is considered overtime-eligible and covered by the federal minimum wage and overtime compensation requirements of the Fair Labor Standards Act. (FLSA Non-Exempt).  Hourly paid.

1.3  Regular Employees

Regular employees are those individuals who have been hired to fill authorized positions in the university from budgeted funds. Regular employees work 30 or more hours per week for 6 months or longer and are considered full time and eligible for benefits.

1.4  Fixed Term/Temporary Employees

Employees that are in a position that is limited term and not eligible for benefits other than retirement.  Can be full time and work less than 6 months, or part time.

1.5  Full time employees

Employees hired to work a scheduled workweek of 30 hours or greater. 

1.6  Part time employees

Employees hired to work a scheduled workweek of less than 30 hours and are considered Fixed Term/Temporary.  Not eligible for full-time benefits other than retirement, does not accrue annual or sick leave.

1.7  Student Employees

1.7.1  An individual enrolled or eligible to continue, in any full-time, part-time or non-degree seeking undergraduate or graduate program of Marymount University.  All students must be enrolled full-time during the Fall/Spring semesters to qualify for work. 

1.7.2  For undergraduates, the student must be registered with a minimum of 12 hours. Graduate students must be registered with a minimum of 9 hours. Full-time student status must be maintained at all times, with the exception of the summer sessions. 

1.7.3  Students are eligible to work up to twenty (20) hours per week for each position, provided the student does not exceed the earning limit. The weekly maximum number of hours for all student positions is twenty-eight (28) hours as a combination of all roles.

1.7.4  All international students can work no more than 20 hours per week during academic semesters (fall, spring, and summer if first or last semester of study). 

1.7.5  During official school breaks, such as summer break, winter break, and spring break students may work more than 20 hours per week

1.8  Graduate Assistantships (GAs)

The Graduate Assistantship program is available to eligible graduate students. 

1.9  Adjunct Faculty

A part time faculty member assigned a one-semester or one-year agreement and does not accrue time toward tenure, promotion or sabbatical leave. An adjunct faculty teaches up to 12 credits per academic year.

1.10  Administrator

A university official who has managerial, budgetary, and decision making responsibilities over a university unit or department as a primary function of the job. Titles include but are not limited to:  President, Vice Presidents, Associate and Assistant Vice President, Deans (Faculty & Administrative), Associate Deans (Faculty & Admin.), University Registrar, some Executive Director and Director titles. Before a new or revised position is designated as holding the status of Administrator, it shall be validated as such by Human Resources. An official University position description should be submitted prior to any reference to the position holding Administrator status.

1.11  Faculty

All persons whose principal responsibility at Marymount University is to directly provide or administer academic instruction or services.  See Faculty Handbook for more descriptions.

1.12  Staff

Any employee of the University, including Administrators, other than Faculty or Student Employees. 

2.0  Contingent Workers (Non-employees)

2.1  Intern

Internships are unpaid, supervised, structured learning experiences in a professional setting that allow the student to gain valuable work experience in a student’s chosen field of study.

2.2  Affiliate

An individual associated with and contributing to the University’s mission in a non-instructional capacity as a board or advisory committee member, VIP, contractor, volunteer, legislator, and who is not a current University employee or student.

2.3  Board Member

A member of the Marymount University Board with privileges.

2.4  Emeriti

The rank of professor emerita/us may be assigned to associate professors or professors who resign their positions as ranked faculty members for valid reasons (e.g., retirement, illness) after ten years or more of distinguished service to the university. A professor emerita/us is designated and appointed by the president upon the recommendation of the provost and the appropriate school dean.  

2.5 Consultant

Contract workers who are contracted from an outside agency which bills the university for the services performed by such individuals. A department head may request from Human Resources the services of temporary workers from an outside agency under the following circumstances:

  1. To cover vacancies in authorized positions.
  2. To cover special and/or emergency assignments.
  3. To cover for an employee who is on extended leave

2.6 Independent Contractor

A self-employed person or entity contracted to perform work for – or provide services to – another entity as a non-employee and meet contractor conditions established by the IRS.  Independent Contractors generally have a separate workplace, are not supervised, and have a particular set of skills not available elsewhere within the organization. Generally, an individual will be considered an independent contractor if they meet the following conditions:

  1. is engaged in an independently established trade, occupation, profession or business that makes the same services available to other clients and businesses on a regular or consistent basis. 
  2. is not a current employee of the University; and was not an employee in the last six months providing a related service. 
  3. is providing services which are not similar to those currently being provided or which can be provided by any University employee(s). 
  4. is providing services, which are not performed on a full time, regularly, occurring or continuing basis at the University. 
  5. is free from the University’s control or direction in the performance of the service. The University has the right to control only the outcome, while the individual will be responsible for determining means and methods used to perform services. 
  6. is paid on the basis of a completed project or on a basis consistent with other independent contractors in the same trade, occupation, profession or business. 
  7. will set priorities on the amount of effort and hours of work, to accomplish the required services within a stated time frame. 
  8. is responsible for furnishing the knowledge, space, supplies, equipment and/or tools necessary to perform the service, responsible for covering the expenses associated with the service, and entitled to the resulting profit or loss. 
  9. will receive no training, supervision, or instruction from the University, other than conveying the scope of service desired. 

Prior to hiring an independent contractor, a department head is encouraged to contact Human Resources to discuss whether an individual qualifies.  If so, then a signed Independent Contractor Agreement must be on file in the department confirming status.

2.7  Volunteer

An individual not employed or compensated by the University who voluntarily and willingly performs a service for or on behalf of the University. Prior to having a volunteer, a department head is encouraged to contact Human Resources to discuss whether an individual qualifies.  Departments or units utilizing a volunteer must also complete an Authorized Volunteer Services Agreement. If the volunteer is a minor, a parent or guardian must sign the agreement. Signed agreements must be kept on file in the department or unit.

3.0 Responsibilities

3.1  Background Screening

Any individual whose status requires a background verification under University Policy Background Screening will not be granted such status or University privileges until the individual has successfully completed the background verification process.

3.1.1  A Volunteer or other Contingent Worker, must complete a Background Screening if they fall under the criteria below:

  • Providing housing for minor undergraduate students
  • Unsupervised Volunteers and Contingent Workers assisting with activities that include minors and/or at-risk adults
  • Volunteers or other Contingent Workers spending the night in a situation where minors and/or at risk adults are present
  • Volunteers or other Contingent Workers in childcare facilities

4.0 Privileges

An Affiliate, Affiliate Faculty, Contractor, or Volunteer may be granted University privileges such as library access, a Marymount ID Card, access to appropriate University systems, an email account, parking, or temporary University housing.

5.0  Revocation of Status and Privileges

At the sole discretion of the University, any status and/or University privileges afforded an Affiliate, Affiliate Faculty, Contractor, or Volunteer may be revoked at any time. Without limiting such discretion, revocation may occur, among other things, when it is determined that the Affiliate, Affiliate Faculty, Contractor, or Volunteer’s conduct, before or after receiving the status and/or University privileges, conflicts with the intent and spirit of the designation, is disruptive to the University’s mission, and/or causes harm to the University’s reputation.