Fair Labor Standards Act (FLSA)

Frequently Asked Questions About the Changes to the FLSA

• Why did my exemption status change?

Recent updates to federal legislation have changed the criteria used to determine exempt and non-exempt status for employees.  Based on the new legislation, you now fall under the overtime protection of the Fair Labor Standards Act.  The intent is to ensure that these employees are paid for all hours that they work. 

• Do I have to complete a time card?

Yes.  You must complete a monthly time card (University form #1423D; #1423F for employees of Physical Facilities, Housing and Food Services, or on the regional campuses).  These forms and instructions may be found on the Web.

• How do I record regular and overtime worked?

Record hours worked to the nearest tenth of an hour in the appropriate categories on the front of the monthly time card (including overtime hours worked).  You must record your time every day.  Both you and your supervisor must certify by signature that the form is complete and accurately reflects the all the hours you worked.  Submit the completed form to the department payroll office on the last day of each month.

• Will I receive my overtime pay in my monthly paycheck?

No.  Your overtime pay will not appear in your regular monthly paycheck.  The Business Office will process your overtime pay with the biweekly payroll and it will be paid to you in a separate check on the first biweekly payroll that is written after your department submits the monthly time card certifying overtime worked.

• Will this affect how I accrue leave (vacation, sick leave, etc.)?

No.  You will accrue vacation and sick leave just as you always have.  You will need to record any leave hours used on your monthly time card to the nearest tenth of an hour.

• Will any of my other benefits change?

Your benefits will be grandfathered as long as you remain in your current position.  You will continue to receive TIAA retirement benefits.

• What happens to my benefits if I transfer to a different position?

If you choose to transfer to a different position, your benefits may change depending on the benefits that apply to the new position.

• Do I have the choice to retain my exempt status?

No.  The law dictates what type of work is considered exempt and non-exempt.

• Will this change my title?

No.  The only change that will be made is to the position code assigned to your position.  This is required to ensure that your paycheck is processed correctly.

For a further explanation of FLSA and how the terms exempt and non-exempt are defined, click here.