Fair Labor Standards Act (FLSA)

On November 22, 2016, a federal judge in the Eastern District of Texas placed a nationwide hold to the U.S. Department of Labor changes scheduled to take effect on December 1, 2016 (see DOL overtime rule litigation). This website will be updated as we receive additional information.

Aerial view of campus

>> Campus to pause FLSA implementation

With the legal outcome of new federal regulations governing overtime eligibility currently in question, UW–Madison will pause its implementation of changes that were scheduled to take effect today. This means employees who were going to move to hourly status will not make that change at this time. Read more...

About the FLSA

The Fair Labor Standards Act (FLSA) is a federal law through the Department of Labor (DOL) that establishes labor standards for public and private sector employers. The law defines a standard work week, establishes a national minimum wage and establishes parameters for working minors. In addition, the law guarantees overtime for certain positions.

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.

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

  • Have a salary above the minimum salary threshold;
  • Be paid on a “salary basis;” and
  • Perform duties that qualify for an exemption.

Department of Labor Resources

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