Fair Labor Standards Act (FLSA)
The Fair Labor Standards Act (FLSA) establishes minimum wage, overtime pay, recordkeeping, and child labor standards affecting full-time and part-time workers in the private sector and in Federal, State, and Local governments. Employees covered by FLSA are subject to an hourly wage and receipt of overtime, generally after 40 hours per week, unless the position meets specific exemption criteria.
The terms and provisions of the Fair Labor Standards Act (FLSA) provide the basis for exempt versus non-exempt status. The exempt or non-exempt status of each employee is determined by the position to which the employee has been hired, transferred or promoted.
The Office of Human Resources is responsible for determining the correct FLSA status when the job is classified in a pay grade. Each manager must ensure that the employee performs job duties as described in the job description to ensure compliance with overtime provisions of the FLSA.
Requirements apply regardless of whether an employee is full-time or part-time, temporary or permanent. Failure to comply with the FLSA regulations puts the University at substantial legal risk.
The U.S. Department of Labor (DOL) recognizes four types of exemptions under the FLSA that most commonly apply at Texas A&M University-Texarkana. These exemptions are referred to as the “white collar” exemptions and are categorized as:
- Executive Exemption
- Administrative Exemption
- Professional Exemption
- Computer Exemption
Each exemption type has tests that must be met in order for a position to be exempt from the overtime requirements of FLSA. Each exemption can only be determined by an analysis of the duties themselves. Job titles do not determine exempt status. In order for an exemption to apply, an employee’s specific job duties and salary must meet all the requirements of the U.S. Department of Labor's regulations.
If you have questions regarding a position designation under FLSA, contact Human Resources at hr@tamut.edu or (903) 223-3012.
Employee Rights Under the Fair Labor Standards Act (English)
Employee Rights Under the Fair Labor Standards Act (Spanish)
