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Office of Human Resources

Fair Labor Standards Act Overtime Changes


On May 18, 2016, the U.S. Department of Labor released new rules updating the Fair Labor Standards Act (FLSA) overtime regulations. The new rules increase the minimum salary required before an employee can be classified as exempt from overtime pay under the "white collar" exemptions, from $455 per week (~$23,660 annually) to $913 per week ($47,658.60 annually based on FSU's 26.1 pay periods). They also provide for automatic updating of the minimum salary every three years.

FSU worked diligently to prepare campus for the new regulations and worked collaboratively across campus to implement them. The changes went into effect at FSU on November 18, 2016, in anticipation of the December 1, 2016, nationwide effective date. As a result of these changes, more FSU employees became eligible for overtime compensation.

On November 22, 2016, a federal court in Texas temporarily blocked the effective date of the new regulations. Although we do not know what the final outcome of the litigation will be, Florida State University had already communicated our plans and implemented many initiatives to come into compliance with the new regulations.

While we wait for this legal uncertainty to be resolved at the national level, FSU will continue on the path we have been preparing over the last year and proceed with the initiatives we have already communicated and implemented for our employees and departments.

This means that until further notice:

  • Employees who have been notified that they are becoming nonexempt (overtime earning) will be nonexempt.
  • Employees who have been notified that they are receiving an FLSA-related salary adjustment will receive that adjustment.
  • Employees who have been reclassified into new job codes will stay in those new job codes.
  • New hires/transfers into exempt (overtime ineligible) job codes must meet the $913 per week minimum for the exempt codes.

We recognize that departments and employees have already taken difficult steps to prepare for the changes. FSU will stay the course based on the information we currently have available (the Department of Labor's published regulation) and the previous measures implemented.

Once we receive concrete and final direction from the courts and federal government, we will further evaluate our classification system and make any additional changes that are necessary. We will continue to keep the campus community updated. In the meantime, there is no change to the implemented initiatives to comply with these new regulations at FSU.

Thank you for your patience and support.