Fair Labor Standards Act
The Fair Labor Standards Act (FLSA) is a federal law that sets overtime pay for all employees covered by the Act. The State of Kansas has given K-State the responsibility of ensuring and maintaining compliance with the FLSA. Each non-exempt position is overtime eligible.
Overtime hours worked must 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 the 40 hours of actual hours worked has been reached. (a flex schedule must be recorded on the timesheet as Regular Hours)
Before a non-exempt employee works additional hours outside their standard workday, they must have prior approval from their supervisor to do so. It is also at the supervisor's discretion to determine supervision during any overtime worked. If a supervisor observes an employee working before or beyond their normal shift without prior authorization, supervisors may deliver a verbal warning to cease working followed by a written reprimand for a second occurrence. Employees who disregard warnings to cease work activity may be subject to disciplinary action. Non-exempt employees cannot determine to work extra hours, decide not to get supervisor approval, and decide not to report it as hours worked. ALL HOURS WORKED MUST BE REPORTED.
All Non-Exempt employees must complete the OVERTIME COMPENSATION AGREEMENT FOR NON-EXEMPT EMPLOYEES (PER-34) form before any overtime work is done to indicate how they would like to be compensated, either with time or pay.
For one day conferences, ALL travel time (outside of normal daily commuting) will be compensable for Non-Exempt employees. The employee would need to be gone at least 3 hours longer than their normal work day to receive a meal reimbursement. When traveling overnight, non-exempt employees are not compensated outside their standard working hours.
For questions about this policy, please contact the Office of the Registrar Personnel Specialist.
Revised: April 2014