Fair Labor Standards Act (FLSA)

The Fair Labor Standards Act (FLSA) is a federal regulation that includes:

Establishing the criteria for a job to be exempt or nonexempt
Establishing the federal minimum wage required for all nonexempt jobs
Guaranteeing overtime for nonexempt jobs for hours worked over 40 in one work week
Governing the employment of minors

Department of Labor link on FLSA can be found .

Three Tests

A position may be considered exempt under the FLSA if it meets three tests.

Employee must be paid on a salary basis, not an hourly basis
Duties must meet criteria for executive, professional, administrative, computer or outside sales activities
Compensation rate must be at least a specified weekly salary level (current amount since 2019: $684/week), regardless of full-time or part-time appointment

If any one of the three tests is not met, the employee must be classified as non-exempt and eligible for overtime pay. Please note that exempt classification is an option, not a requirement under the law. A position that meets all three tests may still be classified as non-exempt.

Exceptions to the salary level: instructional faculty, physicians and lawyers. In addition, positions meeting the academic administration provision are subject to a different salary threshold requirement.

Guidelines/Practices for Nonexempt (Hourly) Employees

The University work week begins at 12:01 am on Sunday and ends at 12 midnight the following Saturday
All hours worked are paid on an hourly basis
Hourly rate of pay is subject to the state of Michigan's minimum wage
Total hours worked for the work week under 40 will be paid at the regular rate of pay
Total hours worked for the work week above 40 will be considered overtime and be paid at one-and-one-half-times the regular rate of pay
Paid-leave and long-term sick leave time are paid at the regular rate of pay and are not taken into consideration for the purpose of calculating overtime for that work week
For multiple positions at different rates of pay:
- The regular rate for overtime calculation purposes will be a weighted average of all hourly rates
- Overtime pay will be automatically charged to the primary position
- Overtime charges will need to be reviewed by all departments to determine actual distribution of overtime hours (any reimbursement must be processed through accounting)
Under no circumstances is compensatory time (comp time) permitted; instead, an employee's schedule may be adjusted during the work week to provide time-off in place of working at overtime rates

UPDATE: FLSA Changes 2024

On Tuesday, April 23, 2024 the Department of Labor announced changes to the definition of what compensation amount qualifies to be salaried. You can find the Department of Labor announcement . The University has been monitoring this potential development for several months and continues to track the final results of this process, as there is still the potential for legal challenges to this final ruling. These changes will not affect our faculty per the definitions created by this rule.

University administration and the Office of Human Resources will continue working toward best defining how this will affect our University family members. As the University continues managing these changes, information and updates can be found here on the Human Resources website.

FAQs and Guides

A list of federal FAQs regarding the rule can be found on the
2024 FLSA Changes - AU Supervisor Guide (including FAQ)
2024 FLSA Changes - AU Employee Guide (including FAQ)

Wage & Hour Division Fact Sheets

: Exemption for Professional Employees Under the FLSA
: Higher Education Institutions and Overtime Pay Under the FLSA