Johnson
School
Cornell University
Employee Definitions
You are about to hire someone. Do you need:
Note: A nonexempt (OPE) employee is an over time pay eligible hourly employee in Bands ranging from A to D; an exempt (OPI) employee is an over time pay ineligible salaried employee in Bands ranging from E to I. Student employees and temporary employees can be either exempt (fee payments) or hourly depending on the job for which they are hired.
Once you have determined the type of employee you need, you should know that the School has a self-imposed hiring moratorium. If your intentions are to hire anyone other than an academic or student, you need permission from the Management Committee member to whom your area reports. That individual will bring your request before the entire Management Committee for discussion. You will need to touch base with your representative to see what information he/she will need from you to present your case. The only exception to this is when the individual to be hired is essential because he/she will provide invaluable assistance to the academic program, freeing up professorial time and enhancing research initiatives.
A second obstacle may surface if the individual you want to hire is a foreign national. If that is the case, you must ensure that the individual has the proper visa that will allow him/her to accept employment. If there is uncertainty, ask the individual to visit the International Students and Scholars Office, B50 Caldwell Hall, or call them at (607) 255-5243. The most common visas are: F-1 (student visas); H-1 (temporary workers, available for academics only); J-1 (visiting scholars/professors); TN (Canadian or Mexican residents). In addition, B-1 visas are required for visitors whose stay will not exceed 9 days; F-1OPT for practical training.
Cornell remains unequivocally committed to hiring US workers. Therefore, the University does not support H-1 visa requests for nonacademic positions.
The following information and definitions may help you decide the type of employee needed to accomplish what it is you are setting out to do.
Student Employee:
The University encourages the employment of students to fill temporary or part-time positions. These individuals are normally available throughout the academic year and often during vacation periods; many have special skills and training that translate well. To qualify as a student employee, one must be enrolled in at least twelve (12) credit hours of coursework.
The least complicated hire is that of a student. If that is what you decide, go to Hiring Student Employees. This link provides information regarding Job Titles, Job and Wage Classifications, etc. Students must have full-time student status to qualify as a student employee (registered for at least 12 credit hours). If the individual you want to hire is on leave, s/he cannot be considered a student employee nor appointed as such. You could employee him/her, but s/he would be considered a temporary (Overtime Pay Eligible - OPE) employee. You may still decide to hire that individual, but you will be charged employee benefits based on a percentage of the hourly rate for each hour that individual works. The downside is that the individual hired will not be eligible to collect benefits, so you will be paying a tax for hiring a nonstudent employee.
Regular Part- or Full-Time Permanent Employee:
A regular, permanent employee can be defined as either part-time, if he/she works at least twenty (20) hours per week, or full-time, if employed for thirty-nine (39) hours per week. Both fill ongoing, budgeted positions, which may be academic, exempt (salaried, OPI) or nonexempt (hourly, OPE), approved by Human Resources. The salary and grade level for a regular part-time staff member is based on the corresponding full-time position being filled. Full-time and regular part-time employees are eligible for University benefits, including Health Insurance, Sick Leave, Vacation and Holiday Pay. The only difference is that the part-time employee's benefits are prorated. If this criteria better suits your needs, go to Hiring Procedures for Nonacademic Employees or Hiring Procedures for Academic Employees.
Temporary Employee:
A temporary (or temp) employee is different from a regular part-time employee or Independent Contractor. This individual is usually hired for a limited period of time through Cornell Temp Services, through a local staffing agency, or "off the street" to allow the department to meet specific increased staffing needs. If the person is being hired to fill a vacancy while you search for a permanent replacement; to fill in for someone on disability or vacation; or to see you through an extraordinarily busy period of time you are describing a temporary employee. Independent Contractors - offsite editors, consultants, etc., are not the same as temporary employees. Independent Contractors do not work for Cornell University. See the definition of Independent Contractors on the University's web site at http://www.policy.cornell.edu/vol3_5.cfm.
A temporary employee receives a salary, but no benefits, and the term of the appointment should be no more than six (6) months in duration. The bulk of these appointments are hourly, but exceptions are granted. Please see Hiring Procedures for Temporary Employees for additional information.
Independent Contractor:
Independent Contractors are individuals with whom you contract, e.g., offsite editors, consultants, vendors and contractors - who are not Cornell employees. This subjective decision is based on what the IRS refers to as the "Common Law Text." The critical factor is the "right to control." Additional information on Independent Contractors can be found on the Human Resources web site at Independent Contractors or the University's web site at http://www.policy.cornell.edu/vol3_5.cfm. Independent Contractors should not be confused with temporary employees. The operative words in this description are "not Cornell employees."
Last Modified: May 12, 2003