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Overtime Provisions and FLSA

The Fair Labor Standards Act (FLSA) sets pay requirements, minimum wages, child labor standards, overtime pay requirements, and record keeping requirements for covered employees. The following is a guide for staff employees and managers.

Exempt and Non Exempt Status

The FLSA provides for certain jobs and employees to be exempt from, or eligible for, the overtime provisions of the act. 

  • Exempt (NL) employees are not eligible to receive overtime pay or compensatory time.
  • Non-exempt (NE) employees are eligible to receive overtime pay and, under certain conditions, compensatory time in lieu of overtime pay.  Within the university, non- exempt employees have a workweek designation of NE (37½), 35, or 40.

Overtime Pay Provisions

The FLSA requires premium pay for hours, or part hours, worked by overtime-eligible employees in excess of 40 hours in any workweek.  Certain employees are eligible for compensatory time off in lieu of overtime under certain conditions. 

  • Overtime for overtime-eligible employees who are in a bargaining unit is governed by the specific provisions of their respective contractual agreements.
  • Non-aligned overtime-eligible MPSC staff at the university receive premium pay or compensatory time off in lieu of overtime, for hours or part hours worked in excess of their designated workweek.

Both premium and compensatory time are calculated at 1½ times the hours actually worked.

Record Keeping Requirements

The FLSA requires that unit managers/supervisors keep the following records for non-exempt (NE, 35 and 40 workweek designated) employees for at least the 3 year period specified by law:

  • Time and day of the week when the employee’s workweek begins
  • Hours (in hours/partial hours) worked each day and total hours worked each workweek
  • Time (in hours/partial hours) taken each day for:
  • Lunch
  • Vacation
  • Illness/FMLA (Family Medical Leave Act)
  • Compensatory time earned and taken
  • Other time off (paid and un-paid)

University Human Resources determines whether a position is exempt as part of the classification process based on the specific salary basis and duties tests within the FLSA, Department of Labor regulations and guidelines, and case law.