Fair Labor Standards Act
CSU’s Classification and Compensation team determines the FLSA exemption status of all position descriptions that are sent for Classification. The Salary and Job Duties tests are based on the salary the department submits and job duties assigned to determine if the position is exempt from the Fair Labor Standards Act. Because of this, it is important to accurately and honestly provide the primary duties the position will be performing.
- Any non-exempt employee who works over 40 hours per work week (a regular recurring period of 168 hours) is covered by the Fair Labor Standards Act and is compensated by:
- As of January 1, 2020, the Department of Labor (DOL) increased the salary threshold to the federal overtime pay requirements to $684 per week, $35,568 per year. DOL did not make any changes to the duties test.
- Flex Hours: Time worked beyond the 8-hour workday may be flexed and used within the same workweek
- Cash: Paid at one and one-half time the hourly rate for all hours worked over 40 in a workweek
- Compensatory Time: Accrued at one and one-half times for every hour worked over 40 in a workweek
- Non-exempt employees are required to sign the Compensatory Time Agreement (Compensatory Time availability is offered at the time of hire by the department if this is an option.)
- Maximum amount of compensatory time a non-exempt employee may accrue is 240 hours
- Departments may opt for lower maximum accruals and/or pay out options
- Other Salaried employees are not eligible for overtime or compensatory time, nor are they covered by the Fair Labor Standards Act because there is not an employer-employee relationship. They are engaged in activities in the course of obtaining advanced degrees, and therefore, there is no application of the minimum wage and overtime pay provisions of the FLSA.