Fair Labor Standards Act (FLSA)

The Fair Labor Standards Act (FLSA) is a federal law regulated through the Department of Labor (DOL) that establishes minimum wage, overtime pay, equal pay, record keeping and child labor standards for employees.

University Classification

University employees carry either an "exempt" or "non-exempt" status when it comes to compensation, overtime, and other minimum wage and salary requirements under the Fair Labor Standards Act (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”):

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.

Exempt Status

On September 24, 2019, the U.S. Department of Labor announced a final rule increasing the minimum salary threshold for “exempt” employees to $684 per week or $35,568 annually. This new rule is effective January 1, 2020. OSU has implemented a slightly higher salary rate for exemption of $731.54 per week or $38,040 annually (some exceptions may apply for special exemptions).

To qualify as exempt, an employee must satisfy the following three FLSA tests: