FLSA compliance
As an employer, K-State is responsible for ensuring compliance with the Fair Labor Standards Act, or FLSA, and applicable state and local wage and hour laws. While federal requirements apply nationwide, K‑State must also consider the laws of any state where employees work, including those where remote employees reside.
Federal FLSA requirements apply nationwide and Kansas' minimum wage and FLSA exemption thresholds are aligned with the federal standards. However, some states and localities have higher minimum wage or salary thresholds than federal standards. When an employee works outside the state of Kansas, their pay must meet the requirements of the state in which the work is performed.
Departments are responsible for ensuring that out-of-state and remote employees are hired and paid using the appropriate rates based on their work location. A State-by-State FLSA Threshold Reference (xls download) is available on the HR website to assist with this review. Delays in reaching compliance can result in costly backpay for departments, so proactive reviews of regulations for remote employees are important.
Additional review of FLSA determinations may be necessary when an employee’s salary falls below the required minimum threshold under federal, state or local law.
Common situations that can cause this to occur include when:
- A position’s FTE is reduced.
- A candidate is hired who resides in a state or locality with a higher salary exemption threshold or minimum wage than their anticipated rate of pay.
- An employee relocates to a state or locality with a higher minimum wage or salary threshold than their current rate of pay.
Departments should notify HR Compensation and Organizational Effectiveness when these situations occur so the role can be reviewed and appropriate guidance can be provided.
Departments play an important role in maintaining FLSA compliance by:
- Reviewing location-based wage requirements for remote and out-of-state employees and working with HR to ensure compliance.
- Monitoring changes in work location or FTE and working with HR for any needed FLSA adjustments.
- Ensuring all hours worked by nonexempt employees are recorded and compensated.
- Consulting HR when changes occur.
Early review helps avoid compliance issues and supports consistent practices across the university.
Compensation & Organizational Effectiveness conducts periodic audits related to minimum wage, salary thresholds and remote or out-of-state employees.
These audits help identify potential compliance risks and ensure the university remains aligned with federal, state and local regulations. Departments will be contacted if adjustments or clarification are needed.
- State-by-State FLSA threshold reference (xls download)
- FLSA basics: Understanding exempt and nonexempt classifications
- Overtime and compensatory time
Questions related to FLSA compliance, such as out-of-state or remote work, salary thresholds or audit findings, should first be directed to the department's HR liaison.
When additional review is needed, HR liaisons will involve HR Compensation and Organizational Effectiveness for guidance and support.