Fair Labor Standards Act( FLSA) and Overtime

What is FLSA?

FLSA stands for Fair Labor Standards Act. This federal law establishes minimum wage and overtime requirements.

FLSA basics

The FLSA affects most private and public employment. It requires employers to pay covered non-exempt employees at least the federal minimum wage and overtime pay for all hours worked in excess of 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 suffered or permitted to work, or in other words, whenever an employee is required or allowed to perform work for the employer. This would generally include work performed at home, travel time (except for travel to and from work), waiting time, training and probationary periods.

  • Federal minimum wage: $7.25 per hour, effective July 24, 2009.
  • Overtime for hours worked in excess of 40 hours in a work week: One and one-half times an employee's regular rate of pay

To qualify for exemption from overtime pay, 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 $43,888 per year ($844 per week).

FLSA updates

On April 23, 2024, the U.S. Department of Labor, or DOL, published a new final rule related to overtime and exemptions for executive, administrative and professional employees, which increases the salary threshold in two phases. The first phase increased the salary threshold to $43,888 per year ($1,688 bi-weekly/$844 per week) effective July 1, 2024. A second phase will increase the salary threshold to $58,656 effective Jan. 1, 2025. No changes to the duties test are made in this ruling.

K-State implemented the first threshold adjustment effective June 9, 2024 to align with the start of the new fiscal year at the university. More information on the next phase adjustment will be provided to departments later this fall.

Read more about the updated regulations, review resources for managers, complete online training or view a list of frequently asked questions about FLSA.

FLSA reviews

Positions can be submitted to the compensation team for review to determine FLSA exemption eligibility. Reviews will require a current position description so that the evaluation is based on what the job looks like today.

Common FLSA myths & misconceptions


Learn more

Services

  • FLSA Determinations
  • Position Description Review
  • Reclassifications
  • Reorganization Support and Consultation
Contact Information

hrcomp@ksu.edu
785-532-2984