Fair Labor Standards Acts (FLSA) Glossary & FAQs

The following key is provided as a reference to help you understand FLSA terminology:

Detailed information regarding exemptions can be found on the Department of Labor website. The most frequently used exemptions at K-State are the executive, administrative and professional exemptions. These three exemptions utilize a minimum salary threshold of $35,568 per year ($1,368 biweekly). Some positions at K-State are exempt under different exemptions, such as the academic administrative exemption or the teaching exemption, which have a different minimum salary threshold established based on K-State pay practices.

No. Unclassified professional staff and university support staff classifications have nothing to do with being exempt or nonexempt.

Because the exemption status is a legal designation driven by federal regulations, it is final.

HR is responsible for classifying all positions. It is important to remember that an employee's exemption status is not based on their job title; rather, it is determined by the job duties assigned.

A variety of resources are available to employees and managers that include information that pertains to time tracking and reporting.

Trainings and Resources

• Recording e-Time
• Time and Leave Resources

Policies and Procedures

• PPM Chapter 4220, Hours of Work, Overtime, Overtime Pay and Compensatory Time
• PPM Chapter 4450, Compensation for University Support Staff
• PPM Chapter 4860, Employee Leaves, Holidays, FMLA and Other Absences for Employees of Kansas State University

The employee's primary duty must be a recognized exempt duty under the allowable exemption(s). Whether a duty is considered a "primary duty" is qualitative, not quantitative, and depends on several factors, including the importance of the activity in relation to other work. Generally, if 50% or more of work time is spent on duties recognized as exempt, the position will likely be determined exempt, though time spent on a particular activity is not the sole test for determining whether and exemption applies.

According to Department of Labor regulations, for a position to be exempt under the executive, administrative or professional (EAP) FLSA exemptions, all of the following tests must be met:

• The employee must be compensated on a salary or fee basis (as defined in the regulations);
• The employee must be compensated at a rate not less than $35,568 per year ($1,368 biweekly).
• The employee’s primary duty must meet at least one of the DOL’s duties tests.

A small number of positions at K-State may be exempt from FLSA under separate exemptions with different salary thresholds.

Not necessarily. The Department of Labor has specific parameters regarding duties that qualify a position for exemption. These duties tests are not related to a work schedule or the necessity of variable working hours.

No. Eligibility for FLSA exemption is not related to or impacted by whether a position is USS or Unclassified.

No. The classification is a legal designation that cannot be waived. The designation of exempt (salaried) or nonexempt (hourly) does not impact the type or importance of an employee's work.

Yes. As long as the employee meets the salary basis, salary threshold, and job duties criteria, the employee can be considered exempt under the FLSA, regardless of full-time equivalent status (i.e., number of hours worked per week).

No. The salary threshold criteria states that employees must earn at least the established salary threshold amount to be considered exempt. The minimum threshold stands as a baseline and must be met, regardless of full-time equivalent status (i.e., number of hours worked per week).

FLSA eligibility is based on the duties of a position. Working from accurate PDs is the best way to ensure correct and legal determinations are made. The risk of making an incorrect determination can be significant – with both monetary and criminal charges in some cases. By requiring up-to-date PDs that have been confirmed via signature by the employee as well as their supervisor and next level manager , we ensure determinations are well-informed and truly reflective of the position.

PageUp is the university’s central applicant tracking system and system of record for housing staff position descriptions. Entering PDs into PageUp makes them easily accessible for all appropriate parties and saves time if/when a recruitment is needed in the future, it’s already been built into the platform. PageUp records “signatures” from the employee, supervisor and next level manager.

It depends. The Compensation and Organizational Effectiveness (COE) team will determine if the position is eligible for exemption under the FLSA; if determined to be eligible, departments will decide whether the position will remain nonexempt or transition to being exempt and will work with COE to implement the change. If a position is found to be ineligible for exemption, the position must be nonexempt and COE will communicate with the department and coordinate any needed changes for the position.

There is a specific exemption for academic administrative personnel, whose primary duties would include performing administrative functions directly in the field of education, such as curriculum development, assessment, and other aspects of the teaching program. Other examples are academic counselors and advisors, intervention specialists, and others with similar duties. Human Resources makes the determination as to whether a position’s duties meet the requirements for the academic administrative personnel exemption.

These personnel are exempt from the FLSA's minimum wage and overtime requirements if they are paid at least the entrance salary for instructors at K-State.

Yes. There is a teacher exemption that applies to an employee whose primary duty is teaching, tutoring, instructing or lecturing in the activity of imparting knowledge and who is employed and engaged in this activity as a teacher employed at an educational institution. The salary threshold requirement does not apply to the teacher exemption.

A position’s primary duties (50% or more of the work duties) must be recognized as duties eligible under the teaching exemption.

No. Postdoctoral fellow positions typically meet the duties criteria for the "learned professional" exemption. They must also meet the salary threshold criteria to qualify for exemption.

No. It is the intention that the actual job duties an employee performs will not change as a result of changing from exempt to nonexempt. Managers are expected to communicate with employees regarding work performed, and may discuss ways in which an employee's workload can be balanced more efficiently to comply with changes to the FLSA.

There are a variety of options that managers can consider to improve processes and increase efficiencies to minimize overtime costs. Managers are encouraged to review resources for managers, or reach out to HR for further assistance.

Yes. When an employee needs to work outside regular work hours, managers may allow them to flex the additional time later in the same workweek. The decision to change the employee’s work schedule is not up to the employee and must be managed and approved by the immediate supervisor. Time is recorded as it is worked. It is prohibited for supervisors and employees to make special arrangements “off the books.” Time worked over 40 hours in a workweek must be compensated.

If employees are asked to work overtime and not record it, they should contact HR. It is inappropriate, and illegal, for managers or departments to ask nonexempt employees to work without recording or compensating employees for any time worked. Managers and departments can require employees to not work over a certain number of hours; however, if hours are worked, they must be recorded and must be paid appropriately.

When an employer directs an employee to volunteer, that time is compensable. Time spent in work for public or charitable purposes at the employer's request, or under the employer's direction or control, or while the employee is required to be on the premises, is working time. However, time spent voluntarily in such activities outside of the employee's normal working hours is not hours worked and generally would not be considered compensable time.

Yes. An employee whose primary duties are nonexempt may earn "add pay." All hours worked, even if those additional hours are in work that could qualify as exempt, are subject to the 40-hour workweek and must be both recorded and the employee must be compensated for those hours.

Overtime pay begins when a nonexempt employee works more than 40 hours in the work week. Per KSU PPM Chapter 4220.040, only with the permission of a supervisor can a nonexempt employee work overtime.

This depends upon many factors including funding, etc. Departments may choose to pay overtime to current employees, hire additional staff as required to complete the work, reorganize workloads, rearrange schedules, or some combination of these approaches.

Employees are encouraged to discuss alternative measures with their manager or department's time and leave official (typically, HR liaison).

Yes. Departments may grant employees compensatory time off (i.e., "comp-time") in lieu of immediate overtime pay at a rate of one and one-half hours for each hour of overtime worked. See PPM Chapter 4220 for more information.

It is up to the employee to decide whether they wish to accept compensatory time or be paid overtime. Benefit-eligible employees can make overtime/compensatory time elections in HRIS through Employee Self-Service. This new electronic process will replace the previous paper form completed and stored at the department level.

Nonexempt employees are eligible to earn comp-time in lieu of immediate overtime pay.

According to K-State PPM Chapter 4220, Hours of Work, Overtime, Overtime Pay and Compensatory Time:

"The maximum accrual limit at K-State is 120 hours of compensatory time for overtime hours worked. Any employee who has accrued 120 hours of compensatory time will be compensated with overtime pay for any overtime hours worked in excess of the 120-hour maximum."