Fair Labor Standards Act (FLSA)
General Information About FLSA
The following is an overview of the Fair Labor Standards Act. Refer to other sections in this site for more detailed information.
The Fair Labor Standards Act (FLSA) is a federal law that sets minimum wage, overtime pay, equal pay, record keeping and child labor standards for employees (who are covered by the Act) in the private sector as well as those employed in federal, state and local government. The FLSA was enacted by the United States Congress in 1938 and has been amended several times since.
The State of Kansas has delegated responsibility to each agency for ensuring and maintaining compliance with the FLSA. Human Resource Services (HRS) monitors compliance with the FLSA for Pittsburg State University. HRS will review individual positions to determine whether a position is exempt from the FLSA. Positions that are not exempt are deemed "non-exempt" and are subject to FLSA.
Statutes, Regulations and Policies
- Fair Labor Standards Act (FLSA) of 1938, as amended
- FLSA Regulations, Title 29 of the Code of Federal Regulations (C.F.R.)
- The Kansas Administrative Regulations, Articles 5 and 9
Overview of FLSA
Minimum Wage: The Fair Labor Standards Act (FLSA) requires employers of covered employees who are not otherwise exempt to pay these employees a minimum wage of not less than $6.55 per hour ($7.25 effective July 24, 2009). The notice of federal minimum wage must be displayed where employees can readily see it.
Child Labor Restrictions: The Fair Labor Standards Act (FLSA) regulates the minimum age and maximum hours of employment of minors in certain occupations with different standards for employment of minors who are 14-15 years old and those who are 16-18 years old. The policy at Pittsburg State University requires that an employee be at least 18 years of age or a high school graduate. The Vice President for Administration and Campus Life must approve the employment of an individual who is not 18 years of age or a high school graduate.
Overtime Liability: Only non-exempt employees are covered by the overtime liability regulations. A non-exempt employee earns overtime for time worked in excess of 40 hours per week. Exempt employees do not earn overtime.
The Fair Labor Standards Act (FLSA) does not limit the number of hours that an employee can work in a day or in a week. It simply requires that overtime hours be compensated at a rate of not less than one and one-half times the non-exempt employee’s regular rate of pay for each hour worked in a workweek in excess of 40 hours per week. For instance, working 9 hours in a regular 8-hour day does not constitute overtime until or unless the 40-hour maximum has been reached. Additionally, overtime liability is not reached until 40 actual hours have been worked. This is not the same as "in pay status"which takes into account time off for paid leaves of any sort.
A special provision authorizes public employers to provide compensatory time off in lieu of monetary overtime compensation at a rate of not less than one and one-half hours of compensatory time for each hour of overtime worked, the same calculation used for monetary overtime. PSU has adopted this provision and reserves the right to use compensatory time off in lieu of monetary payment for overtime worked. The agreement to accept compensatory time off for overtime is voluntary, however.
Equal Pay Act of 1963: The Equal Pay Act was enacted as an amendment to the Fair Labor Standards Act (FLSA). The equal pay regulations prohibit an employer from discriminating against employees on the basis of sex by paying employees of one sex less than employees of the opposite sex for equal work performed under similar working conditions within an establishment on jobs that require equal skill, effort and responsibility. Application of these regulations is administered by the State of Kansas through the setting of beginning salaries for Classified Employees based on the classification of the position and through the Office of Affirmative Action for unclassified positions.
What the FLSA Does Not Cover
Meal and Rest Periods: The Fair Labor Standards Act (FLSA) does not require that employers give their employees meal or rest periods, regardless of the number of consecutive hours they work. However, giving employees some sort of meal break during the workday is common practice. Though the FLSA does not mandate meal or rest periods, it does address the issue of compensability of such time if it is given.
Extra Pay for Saturdays, Sundays or Shift Work: Additional compensation is not due for work performed on Saturdays and Sundays. The FLSA only requires that non-exempt employees are to be paid at one and one-half their regular rate of pay for hours worked in excess of 40 per week.
Holiday, Sick, Vacation & Other Leaves: The FLSA does not require either paid or unpaid leave for sickness, holidays, vacations, jury duty, personal time or military service for most employees.
Pay Raises or Fringe Benefits: The FLSA does not mandate pay raises or fringe benefits. The Act only requires that non-exempt employees be paid no less than the minimum wage for each hour worked.
Consent to Work Overtime: The FLSA does not require notice to or consent from employees when scheduling overtime hours. Employers have the discretion to establish employee work schedules as they desire so long as workers are compensated properly and wages and overtime requirements are observed.