Fair Labor Standards Act
Oklahoma State University is subject to and manages its compensation program in compliance with the Fair Labor Standards Act (FLSA).
The FLSA establishes minimum wage, overtime pay, recordkeeping, and youth employment standards affecting employees in the private sector and in Federal, State, and local governments.
For a full overview of the federal law, refer to the Department of Labor (DOL) Wage and Hour Division FLSA assistance page.
University Classification
University employees carry either an "exempt" or "non-exempt" status when it comes to compensation, classification, overtime, and other minimum wage and salary requirements under the FLSA. The FLSA provides a set of standards to determine which jobs are covered by the act (“non-exempt”) and which jobs are not covered (“exempt”):
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- Non-exempt positions are considered hourly positions and must receive overtime pay or compensatory time for hours worked over 40 in a workweek.
- Exempt positions are considered salaried positions and do not normally receive additional compensation for overtime work.
To qualify as exempt, an employee must satisfy the following three FLSA tests:
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- Have a salary above the minimum salary threshold;
- Be paid on a "salary basis"; and,
- Perform duties that qualify for an exemption.
FLSA Update to Exempt Status
Updates to the federal salary level for exemption from overtime remain under appeal by the United States Department of Labor after the rule was vacated by the U.S. District Court for the Eastern District on November 15, 2024. For more information regarding the status of the 2024 final rule, please visit the FLSA assistance page.
While pending the outcome of the appeal, OSU continues to maintain a slightly higher salary threshold for exempt positions of at least $865.38 per week, or $45,000 annually, though some exceptions apply.
Federal Information/Resources
- U.S. Department of Labor (DOL)
- DOL Fact Sheet #17A: FLSA Exemptions
- DOL Fact Sheet #17S: Higher Education Institutions and Overtime Pay Under the FLSA
- Handy Reference Guide to the Fair Labor Standards Act
OSU Resources
- Timekeeping and Overtime Policy 3-0742
- FLSA Basics - Employee
- Fair Labor Standards Act (FLSA) for Nonexempt Employees
- Employee Dashboard Time Entry
Supervisor Tools
- Fair Labor Standards Act (FLSA) for Supervisors of Nonexempt Employees
- FLSA Quick Reference Guide for Supervisors
- Employee Dashboard Approving Time and Leave
- Common Wage and Hour Mistakes
Travel Pay
For more information or questions regarding FLSA, please contact your HR Consultant.