Fair Labor Standards Act (FLSA) Regulations

Under the new regulations, any faculty/academic staff member (except those with primary duties, i.e., greater than 50%, of teaching/instruction) who is paid a salary lower than $455 per week ($23,660 annually) will no longer be exempt from the required overtime provisions of the FLSA. This means that overtime must be paid for hours worked in excess of forty (40) in a workweek at a rate not less than time and one-half the regular rate of pay. The salary test ($455 per week) is applicable whether the faculty/academic staff member is appointed full or part time.

The overtime requirement may not be waived by agreement between the faculty/academic staff member and supervisor. Unapproved overtime cannot be allowed to occur. An announcement by the supervisor that no overtime work will be permitted, or that overtime work will not be paid for unless authorized in advance, will not impair the faculty/academic staff member's right to compensation for compensable overtime hours that are worked.

It is necessary to implement a recordkeeping system for non-exempt faculty/academic staff that includes the following information:

Any required overtime payment (for hours worked in excess of 40 in a workweek) should be processed on a biweekly payroll, using a labor time report with an earnings type of SOT. The appropriate payroll period end date should be used for the biweekly period; the number of actual overtime hours should be reported. The standard conversion to an hourly rate is annual salary divided by 2,080.

Compliance with the new regulations for non-exempt faculty/academic staff is essential and will require careful recordkeeping and monitoring of hours worked. It is imperative that non-exempt faculty/academic staff are not permitted to work more than 40 hours in a workweek unless they receive overtime pay for hours worked in excess of 40 at a rate not less than time and one-half their regular rate.