Fair Labor Standards Act (FLSA) and Overtime
What is FLSA?
FLSA is an acronym that stands for Fair Labor Standards Act. This federal law was implemented to establish minimum wage and overtime requirements.
The Fair Labor Standards Act (FLSA) affects most private and public employment. The FLSA requires employers to pay covered non-exempt employees at least the federal minimum wage and overtime pay for all hours worked over 40 in a work week. Covered employees must be paid for all hours worked in a work week. In general, compensable hours worked include all time an employee is on duty or at a prescribed place of work and any time that an employee is suffered or permitted to work. This would generally include work performed at home, travel time, waiting time, training and probationary periods.
- Federal Minimum Wage: $7.25 per hour effective July 24, 2009
- Overtime over 40 hours in a work week: One and one-half times an employee's regular rate of pay
To qualify for exemption (from overtime), employees must meet certain tests regarding their job duties and be paid on a salary basis at or above the minimum salary threshold. At K-State, the minimum salary threshold is currently $47,476 per year ($913 per week).
Updates to FLSA
In 2016, the U.S. Department of Labor (DOL) attempted to update the FLSA regulations related to overtime and exemptions for executive, administrative, and professional employees. The updated regulations were set to increase this salary threshold from $23,660 per year ($455 per week) to $47,476 per year ($913 per week), however, on November 22, 2016, a federal district court issued an injunction that halted the implementation of the new rule.
On September 24, 2019, the DOL released a new final ruling that raises the minimum salary threshold for exemption from $23,660 per year ($455 per week) to $35,568 per year ($684 per week). No changes to the duties test are included with this ruling. The ruling will be effective January 1, 2020.
How will the latest update affect K-State employees?
Based on the decision of the university in November of 2016 to adopt the salary threshold proposed at that time, we are already in compliance with the new January 2020 rule. Human Capital Services is evaluating the impact of this new final rule and will be working with cabinet and other campus leaders accordingly.
We do anticipate a change to K-State’s salary threshold for exemption. We will communicate with the university, supervisors and employees as we partner with campus leaders to best align the university with the updated federal regulation.
In the meantime, please keep in mind that any review to determine FLSA exemption eligibility will require a current position description so that we can ensure we’re evaluating based on what the job looks like today. If you anticipate requesting reviews, you may consider starting to compile an updated listing of duties and percentages of time now.