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Fair Labor Standards Act (FLSA)

The Fair Labor Standards Act (FLSA) is a United States Federal law that was enacted in 1938. Amendments have been made to this law since it was passed. It establishes minimum wage, overtime pay, recordkeeping, and child labor standards affecting full-time and part-time workers in the private sector and in Federal, State, and local governments. The FLSA provides for minimum standards for both wages and overtime entitlements and specifies administrative procedures by which covered work-time must be compensated.

  • An employee's FLSA status is determined by a Human Resources Specialist and is based on the type of position (e.g., executive, administrative, professional, technical, clerical, and other) and the nature of the duties and responsibilities of the position. The OF-8, Position Description cover sheet, contains a box that is checked by the HR Specialist to indicate whether the position is non-exempt or exempt from the FLSA. An employee in:
    • a nonexempt position is covered by the minimum wage and overtime provisions of the Act.
    • an exempt position is not covered by the minimum wage and overtime provisions of the Act.
    • a position designated as nonexempt is entitled to overtime pay at 1.5 times his/her regular pay for all hours of work over 8 in a day or 40 hours in a workweek. Overtime pay for an employee in an exempt position is capped at 1.5 times the GS-10 step 1 pay rate.

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Last Modified 9/19/2013