What is the FLSA?
FLSA or the Fair Labor Standards Act is the federal labor law that provides for overtime wages. It also has provisions on the minimum wage, Equal Pay Act, child labor restrictions, and a variety of other federal labor and employment sections. A key provision of FLSA is that most employees must be paid at the rate of time-and-a-half of their “regular rate” of pay for all overtime hours worked (i.e. all hours worked in excess of 40 hours per week).
The Fair Labor Standards Act (FLSA) is a group of federal rules and regulations that determine eligibility for overtime pay. In August 2004, major changes to these rules and regulations were implemented by the Department of Labor (DOL). The Office of Human Resources Consulting Services reviews each position description and uses FLSA guidelines and exemption tests to determine exemption status for each position. Non-exempt vs. Exempt If your position is classified as non-exempt, you are protected by the FLSA and guaranteed overtime pay for the additional hours worked over 40 in a work week. You must track your hours worked and be compensated with pay or compensatory leave for any overtime hours. For more information on compensatory leave, see UVa’s Leave Policies. If your position is classified as exempt, you are not protected by the FLSA and not eligible for overtime pay. Overtime Pay Overtime pay is calculated at one and a half times your regular rate of pay. Overtime pay is applicabl
The FLSA protects Federal employees’ rights by providing time-and-a-half pay for overtime work, payment for work “suffered and/or permitted” by the agency (not ordered or approved) and the right to choose overtime instead of comp time. But not every Federal Employee is covered by the FLSA. If an employee is exempt (not covered by the FLSA), he or she gets capped overtime for Ordered and Approved overtime (under Title V, not the FLSA), a “thanks for staying late” (if you’re lucky) for overtime that is not ordered and approved, and can be forced to take comp time for ordered and approved work. There is a lot of confusion among federal employees as to who is covered by the FLSA, based on years of the Federal Government not following the law properly. A lot of people think it depends on your grade or on your job title. But, that’s not true. The only thing FLSA coverage depends on is the actual job duties each employee performs. That’s why attorneys and paralegals from Snider and Associates
