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Fair Labor Standards Act FAQs & Resources


Frequently Asked Questions

Bi-weekly employees' FLSA status is nonexempt.

Monthly employees' FLSA status is exempt.

Our work volume is low and I don’t need all of my employees today. Do I need to pay my employee for time not required to come to work?

For non-exempt employees, no — employees must only be paid for hours worked.

For exempt employees, yes — employees must be paid their entire salary regardless of the amount of work performed in a week.

For nonexempt employees, yes.

For exempt employees, no.

For nonexempt employees, yes — employees must receive 1.5 times their rate of pay for all hours worked over 40 in the 7 day workweek. Example: If Joe is paid $10 dollars an hour, his overtime pay will be $15 dollars an hour.

For exempt employees, no.

Is the time off less than 4 hours? Example: doctor’s appointment

For nonexempt employees, yes. If a request for time off is approved, employees can use accrued sick or vacation time. If no accrued time is available they can have unpaid time off.

The minimum salary required under FLSA is $43,888 per year or $844 per week.

There is no provision to prorate the salary requirement of $844 per week when an employee’s hours are reduced. The employee must receive a salary of at least $844 in each week in which he or she performs any work regardless of the number of days or hours worked to qualify for the exemption. 

Teachers are exempt if their primary duty is teaching, tutoring, instructing or lecturing in the activity of imparting knowledge, and if they are employed and engaged in this activity as a teacher in an educational establishment.