FLSA basics
Understanding exempt and nonexempt classifications
The Fair Labor Standards Act, or FLSA, plays an important role in how employees track work time and are compensated for their hours.
An employee’s FLSA status helps determine overtime eligibility and how time and leave are reported.
To see a job title’s FLSA classification, visit the staff job architecture page. Faculty roles are exempt from FLSA.
Each staff position at K-State is reviewed to determine whether it is exempt or nonexempt from FLSA pay protections using US Department of Labor guidance. The exempt and nonexempt classifications help determine how work time is tracked and whether overtime pay applies.
Nonexempt Employees
Nonexempt employees are covered by FLSA pay protections. They are paid at least the minimum wage, are compensated on an hourly basis for all hours worked and are eligible for overtime compensation when working more than 40 hours in a workweek. Employees working in other states may be subject to different daily or weekly overtime thresholds based on state law. Work time is reported in quarter-hour increments, with time rounded to the nearest quarter hour. Leave is taken in quarter-hour increments.
Employees may elect to accept compensatory time in lieu of overtime pay. Learn more on the overtime and compensatory time page.
Exempt Employees
Exempt employees are paid a set salary from week to week and are not eligible for overtime pay. Hours worked are not recorded and leave time is reported in full or half-day increments.
Notable differences between exempt and nonexempt FLSA statuses:
| Aspect of employment | Nonexempt | Exempt |
| Pay | Paid an hourly wage and paid for all hours worked. | Paid a set salary – consistent for each pay period. |
| Overtime pay | Entitled to overtime pay at time and a half (1.5) for any hours worked above 40 hours during a work week. | Does not receive overtime pay. |
| Minimum pay required | Must meet the federal minimum wage. |
Must meet a certain pay threshold in addition to the federal minimum wage. |
| Reporting work time | Reports all hours worked in quarter-hour increments; typically has a predetermined number of working hours per week. |
Does not report time worked; may have added flexibility in work schedule. |
| Reporting leave time | Reports leave in quarter-hour increments. | Reports leave in half- or whole-day increments. |
| Duties of the position |
Can work in any field; job duties are not required to meet certain criteria. |
Work must fit into specific categories; job duties must meet one or more duties tests. |
| If an employee's hours are reduced | No change in FLSA status. | May require the position to change to nonexempt. |
Myth: Nonexempt employees may waive their right to be nonexempt.
- Fact: The classification is a legal designation that cannot be waived.
Myth: If a job regularly requires working variable hours on evenings and weekends, it is likely exempt.
- Fact: There are many factors that contribute to FLSA status; however, work schedule is not a consideration.
For additional details or answers to common questions, employees may visit:
- FLSA FAQs – Quick answers to common questions
- Overtime and compensatory time – What happens when more than 40 hours are worked in a workweek?
For instructions on how to enter time or leave, visit the time and leave website.
When an employee has questions regarding FLSA, they are encouraged to start with their supervisor.
Supervisors and HR liaisons are the primary points of contact for questions related to work schedules and time. They are often able to address concerns within the context of the employee’s role and unit operations.
For questions that require additional review or escalation, supervisors and HR liaisons may involve HR Compensation and Organizational Effectiveness for further guidance.