Fair Labor Standards Act (FLSA) and Overtime

What is FLSA?

FLSA stands for Fair Labor Standards Act. This federal law establishes minimum wage and overtime requirements.

FLSA basics

The FLSA affects most private and public employment. It requires employers to pay covered nonexempt employees at least the federal minimum wage and overtime pay for all hours worked in excess of 40 in a work week. Covered employees must be paid for all hours worked in a work week.

In general, compensable hours worked include all time an employee is suffered or permitted to work, or in other words, whenever an employee is required or allowed to perform work for the employer. This would generally include work performed at home, travel time (except for travel to and from work), waiting time, training and probationary periods. The FLSA establishes:

• Federal minimum wage: $7.25 per hour, effective July 24, 2009.
• Overtime for hours worked in excess of 40 hours in a work week: One and one-half times an employee's regular rate of pay

To qualify for exemption from overtime pay, employees must meet certain tests regarding their job duties and be paid on a salary basis at or above the minimum salary threshold. At K-State, the minimum salary threshold is $35,568 per year ($1,368 biweekly).

FLSA updates

On Nov. 15, a federal judge in the Eastern District Court of Texas struck down the Biden administration’s Fair Labor Standards Act (FLSA) overtime final rule, which had aimed to raise the minimum salary threshold for overtime eligibility. The ruling effectively vacates both the July 2024 salary threshold increase and the planned January 2025 increase, along with the proposed automatic updates to the threshold every three years.

Following the court’s ruling, the 2019 salary threshold of $35,568 annually ($684 per week) will remain in effect.

Read more about recent developments, review resources for managers, complete online training or view a list of frequently asked questions about FLSA.

FLSA reviews

Positions can be submitted to the compensation team for review to determine FLSA exemption eligibility. Reviews will require submission of an updated position description to ensure the evaluation is based on current responsibilities of the job.

Common FLSA myths & misconceptions

Learn more

• FLSA Basics online training
• Quick reference guide for supervisors
• Resources for managers
• FLSA Basics for Employees
• Frequently asked questions about FLSA