human resources

Fair Labor Standards Acts (FLSA)

Fair Labor Standards Act - Federal Law Rule 22121–22274 [04–9016]

  • Enacted 1938, updated August 2004 and governs:
    • Minimum Wage
    • Overtime
    • Record Keeping
    • Child Labor Standards
  • Exception Status is based on job status, job responsibilities, and salary (not based on job titles)

Employees are classified as exempt are exempt from the law.

  • Employees are compensated with a set salary rather than hourly
  • No requirement to pay overtime premiums
  • Classified as executive, administrative, professional, outside sales, or computer professionals


Examples of exempt duties and responsibilities
  • Hiring, firing, disciplining and evaluating employees
  • Planning work
  • Determining policies and procedures
  • Authority to negotiate and sign contracts


Employees classified as nonexempt are governed by the law
  • Employees are compensated on an hourly basis
  • must be paid time and a half (1.5) for hours in excess of 40 hours worked in a standard work week


Examples of nonexempt duties and responsibilities
  • Animal care
  • Typing or word processing
  • Preparing payroll
  • Book keeping
  • Answering phones


It is important to determine FLSA status for position during job evaluation process.
In addition to job description, supervisor/department might be required to complete FLSA questionnaire


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