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Understanding Fair Labor Standards Act (FLSA): Exemptions, Provisions & Regulations

Learn about the Fair Labor Standards Act (FLSA) and its major provisions, coverage, exemptions, and more. Find out if you are entitled to minimum wage, overtime, or fall under exempt categories such as White Collar exemptions. Explore the criteria for qualifying for exemptions under FLSA including Executive, Administrative, and Professional roles. Understand the duties tests, salary thresholds, and the implications of exempt versus non-exempt classifications. Discover the risks of non-compliance and explore helpful resources for FLSA compliance. Address common employee concerns, management responsibilities, compensatory time, and specific scenarios related to FLSA regulations.

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Understanding Fair Labor Standards Act (FLSA): Exemptions, Provisions & Regulations

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  1. Fair Labor Standards Act What is the Fair Labor Standards Act (FLSA)?

  2. What Are the FLSA’s Major Provisions?

  3. Who’s Covered? Non-Exempted Employees If you answered YES to these questions, they’re an employee and unless otherwise exempted, are subject to FLSA regulations

  4. What is Minimum Wage?

  5. Who is entitled to overtime? Every employee will fall into one of these two categories, but only Non-Exempt employees are entitled to overtime!

  6. FLSA Exemptions • Under the FLSA all employees are considered Non-Exempt unless they meet the criteria in one of the “White Collar” Exemption Tests. • The FLSA exemptions apply to both Minimum Wage and Overtime. • “White Collar” Exemption Tests: • Executive Employees • Administrative Employees • Learned/Creative Professionals • Computer Professionals • Outside Sales • Highly Compensated Employees

  7. Qualifying for a “White Collar” Exemption 1. Be salaried, meaning that they are paid a predetermined and fixed salary that is not subject to reduction because of variations in the quality or quantity of work performed (“salary basis test”) AND 2. Be paid equal to or more than a specified salary threshold (the “salary level test”) AND 3. Primarily perform executive, administrative, or professional duties as provided in the DOL’s regulations (the “duties test”)

  8. Exemption “Duties” Tests ALL exempt positions MUST meet the weekly minimum salary of $455!!!

  9. Exemption Tests – Continued ALL exempt positions MUST meet the weekly minimum salary of $455!!!

  10. Exempt vs Non-Exempt Administrative Duties

  11. Exempt vs Non-Exempt Accounting Duties

  12. Higher Education – Special Exemption Positions

  13. Academic Administrative Employees

  14. Examples of jobs that are always Non-Exempt

  15. FLSA - Common Terms and Definitions

  16. Recordkeeping

  17. Employee & Supervisor Responsibilities

  18. Risks Associated with Non-Compliance

  19. Non-Compliance Penalties

  20. Useful Links and Additional Training Material • Following are links to FLSA and Time and Attendance tutorials, training and resource guides.

  21. Addressing Employee Concerns:

  22. Common employee concerns about their FLSA status changing to Non-Exempt

  23. Management Responsibilities

  24. Compensatory Time - University of Arizona

  25. Compensable Time – On Call

  26. Compensatory Time - University of Arizona

  27. Compensable Time – Preparing for Work

  28. Questions?

  29. Appendix

  30. The Limits of the FLSA

  31. Travel Time

  32. Training Time

  33. Rest Breaks & Meal Periods

  34. Tipped Employees

  35. Can I hire a person under the age of 18?

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