FLSA Info and Facts
What is the FLSA?
The Fair Labor Standards Act (FLSA) is a group of federal rules and regulations that determine eligibility for overtime pay. In August 2004, major changes to these rules and regulations were implemented by the Department of Labor (DOL). The gist of the FLSA is that if you perform duties that do not meet one of the exemption tests developed by the DOL, your position is classified as “non-exempt” or “NE,” and you are eligible for overtime pay. However, if you perform duties that meet one of the exemption tests developed by the DOL, your position is classified as “exempt” or “E” and you are not protected by the FLSA.
One significant change to the FLSA in 2004 is the salary limit. Under the new rules and regulations, employees earning less than $23,660 per year or $455 per week are automatically non-exempt and guaranteed overtime protection, regardless of the job title or duties assigned to their positions.
What do I need to do if my position is classified as non-exempt (NE)?
If your job title is classified as non-exempt, you must complete a timesheet in order to be paid. For web links to GSU’s timesheet and timesheet filing schedule, go to:
GSU Timesheet for non-exempt employees
i-weekly_Non-Exempt_Staff_Timesheet_Filing_Schedule">GSU Timesheet Filing Schedule
How does the FLSA impact GSU?
In August 2004, the Department of Labor released new rules and guidelines for the Fair Labor Standards Act (FLSA). The FLSA is the federal regulation that determines whether or not an employee is eligible for overtime pay. As a result of the new FLSA rules and guidelines, the Board of Regents (BOR) initiated a project last fall to review all job titles utilized by institutions in the university system to ensure compliance. The project began in September 2005, and was led by Jeff Thompson, of Constangy, Brooks and Smith, LLC, an attorney hired by the BOR to oversee the FLSA reviews conducted by the institutions.
As a result of this project, there will be a change in the FLSA status for a group of job titles at Georgia State University. These job titles are currently listed in the university’s pay plan as exempt (E), and will be changed to non-exempt (NE), effective July 1, 2006. A list of job titles that will be changed to non-exempt (NE) status effective July 1, 2006, has been distributed to your Human Resources Advisory Committee (HRAC) representative and posted on HR’s web site.
Why should I care about the FLSA?
With the FLSA change to your job title, you will be required to complete a timesheet for hours worked and will be eligible for overtime pay for any additional hours over 40 hours in a workweek. The workweek for non-exempt employees starts on a Wednesday and ends on a Tuesday. The change in your FLSA status will not affect your pay frequency (or the time of month that you are paid). You will continue to be paid semi-monthly. Please note that the effective date of the FLSA change is July 1, 2006; however, you will begin your first timesheet on June 28th, which is the beginning of the pay period for July. The submission of your timesheet for a particular pay period should be done in accordance with the procedures set by your dean or vice president. Please talk with your immediate supervisor about the procedures for submitting timesheets for your particular college/division. Please also contact your Human Resources Advisory Committee (HRAC) representative if you have any questions or should need further assistance.
Where can I find additional information about the FLSA?
The Department of Labor has a very good website on the Fair Labor Standards Act (FLSA). Go to: http://www.dol.gov/esa/regs/compliance/whd/fairpay/main.htm
This website has a video seminar and “Facts Sheets” on each exemption.
FLSA buzz words to remember
Salary limit
If you earn under $455 per week or $23,660 per year you are automatically non-exempt under the FLSA. Exemption or Duties Tests
If your assigned duties do not meet the “test” for one of the exemptions identified by the Department of Labor, you are non-exempt. The exemption categories under the DOL are:
Executive
Administrative
Academic Administrative
Professional: Learned vs. Creative
Computer Professional
Highly Compensated
Combined Exemption
Outside Sales
For more information about the exemption or duties tests, go to: http://www.dol.gov/esa/regs/compliance/whd/fairpay/main.htm Non-exempt vs. Exempt
If your position is classified as non-exempt (NE), you are protected by the FLSA and guaranteed overtime pay for the additional hours worked over 40 in a work week. If your position is classified as exempt (E), you are not protected by the FLSA or eligible for overtime pay.
Overtime Pay
Overtime pay is calculated at one and a half times your regular rate of pay. Overtime pay is applicable for hours worked in excess of 40 in a work week. For more information about overtime pay, go to: http://www.dol.gov/dol/topic/wages/overtimepay.htm
GSU Timesheet for non-exempt employees
All non-exempt employees are required to complete timesheets. Click here for a copy of the timesheet. GSU Timesheet Filing Schedule
The Timesheet Filing Schedule lists the due dates for submitting timesheets to Human Resources for processing by Payroll. Please adhere to this due dates to ensure that you are paid on time. To get a copy of the timesheet schedule, Click here: