FLSA frequently asked questions
This page provides answers to common questions about the Fair Labor Standards Act, or FLSA, at Kansas State University. For more detailed guidance, visit the related topic pages linked throughout this FAQ.
Job status and classifications
FLSA is a federal law that establishes requirements for minimum wage, overtime pay, record keeping and youth employment. An employee’s FLSA classification determines how work time is tracked and whether overtime pay applies. Learn more about the FLSA basics: Understanding exempt and nonexempt classifications.
FLSA status is assigned based on the primary duties and responsibilities of the position and how they align with the US Department of Labor exemption criteria. See FLSA basics: Understanding exempt and nonexempt classifications for more information.
No. FLSA status is not based on whether a position is University Support Staff (USS) or Unclassified, nor on working evenings, weekends or variable hours. FLSA status is determined by the position's primary duties and federal exemption criteria.
A change in FLSA status affects how work time is tracked and compensated. It does not, by itself, change the purpose, value or importance of the role. In some situations, job duties may change for business or organizational reasons, which could also result in a different FLSA classification. When this occurs, supervisors will communicate expectations related to work schedules and time reporting. See FLSA basics: Understanding exempt and nonexempt classifications and supervisor basics for guidance.
Overtime and work hours
Overtime applies when a nonexempt employee works more than 40 hours in a workweek (or other applicable state threshold). Overtime is not based on daily hours worked and does not change for part-time or full-time status.
Overtime and compensatory time are calculated at one and one-half times the employee's regular rate of pay, or at time off, for each hour worked over 40 in a workweek (or other applicable state threshold). Eligible employees may choose whether to receive overtime pay or compensatory time. See overtime and compensatory time for details.
Overtime and compensatory time are based only on hours actually worked. Paid leave (vacation, sick leave, or holidays) does not count toward overtime hours worked. See overtime and compensatory time and travel under the FLSA for examples.
No. Nonexempt employees must be paid for all hours worked. Time worked cannot be waived or treated as volunteer time. See overtime and compensatory time for details.
Yes. All time worked must be recorded and paid, even if it was not approved in advance. Supervisors and employees should discuss expectations and scheduling moving forward. See supervisor basics for more information.
Yes. Supervisors are encouraged to adjust schedules within the same workweek to manage workloads.
Any time worked over 40 hours must still be recorded and compensated. Off-the-books arrangements are not permitted.
No. Employees must voluntarily elect compensatory time in lieu of overtime pay. Compensatory time cannot be required by the department. See overtime and compensatory time for more information.
Nonexempt employees may accrue compensatory time up to 120 hours. Once this limit is reached, overtime must be paid. Additionally, departments may require employees to use earned compensatory time within a reasonable period of time or maintain a lower threshold.
All time worked must be paid. Supervisors should address expectations and scheduling going forward. For ongoing or difficult situations, supervisors and HR liaisons may involve Employee Relations and Engagement. See supervisor basics for more information.
Breaks, travel and after-hours work
Breaks of 20 minutes or less are paid work time unless the employee leaves the premises. Meal periods of 30 minutes or longer are unpaid as long as the employee is fully relieved from work duties.
Routine travel from home to work is not paid. Travel between work sites during the workday and certain business travel may count as work time. See travel under the FLSA for examples and guidance.
Nonexempt employees may work outside scheduled hours with supervisor approval. All time worked, including checking email or responding to work messages, must be recorded and compensated. See what counts as work time?
Faculty, part-time and special situations
Faculty whose primary duty is teaching are generally exempt under the FLSA teaching exemption.
Yes. If a job profile meets federal exemption criteria, including the minimum salary threshold and duties test, a part-time role may be classified as exempt regardless of FTE. The salary threshold is not prorated.
State and salary thresholds (compliance)
Federal FLSA rules apply nationwide, but some states and localities have higher minimum wage or salary thresholds. Additional review is necessary for employees working outside Kansas. See the FLSA Compliance page for more details.
If a position no longer meets the minimum salary requirement under FLSA, it must be classified as nonexempt. Departments should work with Compensation and Organizational Effectiveness to ensure compliance. See the FLSA compliance page for guidance.
Employees and supervisors should begin with their HR liaison for questions related to FLSA.
HR liaisons may involve HR Compensation and Organizational Effectiveness for classification or compliance guidance and Employee Relations & Engagement for ongoing or complex situations related to work time expectations.