If you have additional questions related to the FLSA regulations, please contact your HR Consultant. 

If you are a represented employee, the concepts of overtime, scheduling, etc. may be specifically negotiated into your collective bargaining agreement and will vary from below.

What is the Fair Labor Standards Act (FLSA)?

The Fair Labor Standards Act (FLSA) is the United State's federal wage and hour law, administered by the U.S. Department of Labor (DOL). Among other things, it establishes the minimum wage and overtime pay for employees in both the private and public sector.

This federal act requires the payment of overtime to employees who are considered "non-exempt" and specifies how "exempt" employees must be paid and treated in order to retain their exemption status.

What does it mean to be exempt or non-exempt?

Exempt employees are excluded from the requirement of overtime payment. Non-exempt employees are entitled to overtime pay. The FLSA generally requires employers to pay all covered non-exempt employees the statutory minimum wage and overtime pay of at least one and one-half times their regular rates of pay for hours worked in excess of 40 hours in a workweek.

For an employee to be currently classified as exempt, s/he must meet all of the following tests:

• Salary Basis Test: An employee must receive a predetermined, fixed salary that is not subject to reduction due to variations in quality or quantity of work performed.
• Minimum Salary Threshold Test*: An employee must be paid a minimum salary of $844 per week ($43,888 per year).
• Duties Test: An employee must qualify as an executive, administrative, professional, or computer professional as defined in the FLSA regulations.

*The Minimum Salary Threshold Test does not apply to faculty and other salaried employees whose primary duty is teaching.

When is an employee entitled to overtime pay?

The FLSA generally requires employers to pay all covered non-exempt employees the statutory minimum wage and overtime pay of at least one and one-half times their regular rate of pay for hours worked in excess of 40 hours in a workweek. This federal act requires the payment of overtime to employees who are considered "non-exempt" and specifies how "exempt" employees must be paid and treated in order to retain their exemption status.

All overtime must be approved by the department head prior to the time such hours are worked. Overtime work is to be limited to emergency needs only. Unit administrators are responsible for controlling hours worked by personnel under their direction and for ensuring such service is accurately reported and formally confirmed by the reporting staff member and appropriate supervisor. For represented employees, refer to your collective bargaining agreement.

I am currently an exempt employee, but I will be classified as non-exempt as a result of the FLSA revision. How will my responsibilities change?

As a Non-Exempt employee, you will be responsible for tracking your time within WSU’s Web Time Entry. Per WSU policy, if you work over 37.5 hours in a week, you will be entitled to overtime pay. This will be paid at a rate of time and a half. Any unscheduled overtime should be discussed with your manager prior to working any foreseen overtime. This includes checking email, phone calls, and conducting any other work-related activity inside or outside of your place of work and/or standard workweek hours.

Can a non-represented professional eligible for overtime still work early and late?

For some non-exempt academic and non-academic staff, an adjusted work schedule is permissible to accommodate peak work times and other workload demands.

This must be pre-approved by your manager and occur within the established workweek. For instance, if you were to come in early or stay late one day during the week (Monday-Sunday), with your manager's approval, you might agree to come in late or leave early another day during that same week to ensure that your weekly hours do not exceed 37.5.Please refer to your collective bargaining agreement if you are a represented employee.

Where can I receive more training and support?

Web Time Entry training is available in Academica or contact your HR Consultant for additional support.

What counts as overtime?

All work-related activity that occurs after an employee has worked 7.5 hours in a day or 37.5 hours/week. This includes travel time, training time, shift preparation/transition time and "casual work" such as checking email or listening to phone messages.

Who is responsible for authorizing and scheduling overtime?

As the non-exempt employee's manager, only you can authorize and schedule overtime.