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Employee Services

Human Resources

Fair Labor Standards Act

In April 2024, the U.S. Department of Labor announced a change to the criteria for determining employees’ status as nonexempt (bi-weekly) or exempt (monthly) under the Fair Labor Standards Act (FLSA). This is not a TAMUK decision; it is a federal law all employers must follow.

The Fair Labor Standards Act (FLSA) is a federal law that ensures employees are treated fairly and accurately compensated for their time worked. The FLSA determines the exempt or non-exempt status of jobs, and establishes standards for minimum wage, overtime pay, recordkeeping, child labor and nursing mother breaks and facilities. Follow the links on this page for additional information and resources.

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At Texas A&M University-Kingsville, non-exempt employees are paid hourly and receive bi-weekly pay; exempt employees are paid a salary and receive monthly pay. Non-exempt positions are entitled to overtime pay; exempt positions are not. Texas A&M University-Kingsville Human Resources is responsible for determining the status for positions at Texas A&M University-Kingsville.

FLSA requires Texas A&M University-Kingsville (TAMUK) to pay non-exempt employees an hourly rate of 1.5 times the employee’s regular hourly rate for any work performed over 40 hours in a TAMUK workweek. Non-exempt employees should receive approval before working additional time. However, all time worked in excess of 40 hours per week must be compensated at the overtime rate. For more information:

FLSA requires TAMUK to record wages and hours for non-exempt employees. The FLSA does not allow TAMUK to record hours worked for exempt employees. For more information:

FLSA requires TAMUK to provide a location and reasonable break time for a mother to express breast milk for her nursing child. The location cannot be a bathroom and must be shielded from view, free of interruptions and readily available to the employee. For more information:

Your department will determine whether overtime pay or compensatory time off is given for overtime hours. To change comp time from banked to paid or vice versa, an employee or their manager, timekeeper or HR contact can go to the employee's worker profile and click on the Actions button, scroll over Personal Data, and click on Edit Other IDs.

The line for Comp Time Banked should be reviewed. If it says No, comp time will be paid out; if it says Yes, the hours will be banked. Click the Edit button to change the Other ID preference. Note that if the change is made after a timesheet deadline, the change will not take effect until the next pay period. If the employee does not have the option of Comp Time Banked in their other IDs, click Edit > Edit Other IDs then click the plus (+) sign to a line to type in Comp Time Banked to add to the list of other IDs. The employee can then specify if they want the comp time banked (yes) or paid (no).

To register for TrainTraq courses, visit TrainTraq in your Single Sign On (SSO) menu.

  • TrainTraq Course: 211169 Fair Labor Standards Act (FLSA) Working Hours Training
  • TrainTraq Course: 2113632 Paying Employees in Workday
  • TrainTraq Course: 2112755 Comp Time Issues for Employees
  • Traintraq Course: 2112756 Comp Time Issues for Supervisors