Fair Labor Standards Act (FLSA)



The Fair Labor Standards Act (FLSA) is the United States' federal wage and hour law, administered by the US Department of Labor (DOL). Among other things, it establishes the federal minimum wage and sets overtime pay requirements for employees in the private and government sectors.

Under the FLSA, some employees are exempt from the wage and overtime provisions of the law and some are nonexempt.

  • Exempt employees are considered "salaried" and do not earn any overtime pay for working over 40 hours in a workweek. They must also perform certain types of job duties to qualify as exempt. At FSU, Administrative and Professional (A&P), Executive Service (AEX), and Faculty positions are FLSA exempt.
            Current (2020) Exemption Criteria
    1. Duties Test: the employee must perform executive, administrative, or professional job duties.
    2. Salary Test: the employee must be paid on a salary basis and earn at least $684 per week ($35,705 annually based on FSU’s 26.1 pay periods).
    • If either test is not met, the employee must be classified as nonexempt (overtime eligible).
    • Teaching, Law, & Medicine: employees whose primary duties are teaching, practicing law, or practicing medicine can be classified as exempt even if they do not meet the salary test. This is a special and limited exemption under the FLSA.
  • Nonexempt employees are considered "wage earning" and must be paid overtime for all hours worked in excess of 40 in a workweek (Fri - Thurs). At FSU, most University Support Personnel System (USPS) and Other Personal Staff (OPS) positions are FLSA nonexempt.


FLSA 2024 Update

On April 23, the Department of Labor issued changes to the Fair Labor Standards Act (FLSA) that include increases to the standard salary level required before an employee can be classified as exempt from overtime pay for executive, administrative, and professional employees. The final rule will increase the exemption salary level in a phased approach, with the first phase effective July 1, 2024. Implementation decisions for compliance will be made centrally in collaboration with the General Counsel’s Office, the University Strategy Committee, and University Administration. Additional communication is forthcoming.