Fair Labor Standards Act

The Fair Labor Standards Act (FLSA) of 1938 is published in 29 C.F.R. 201 et. seq. 

The Fair Labor Standards Act:

  • provides minimum standards for both wages and overtime entitlement
  • specifies administrative procedures by which covered worktime must be compensated
  • includes provisions related to child labor, equal pay, and travel time issues
  • exempts specified employees or groups of employees from the application of certain of its provisions

The Fair Labor Standards Act also:

  • requires employers to pay workers a minimum wage and overtime when the employee works more than 40 hours in a week
  • provides exceptions to this rule for professional, executive and administrative employees (employees found to be exempt under these provisions are not required to be paid additional wages for overtime)

Policy and Compliance staff are responsible for making FLSA determinations for individual positions within state agencies. Training and certification for making FLSA determinations is available for human resources staff of agencies with delegated classification authority.

Please contact the Human Resource Consultant assigned to work with your agency with any inquiries regarding the process for requesting changes to the exempt/non-exempt status of specific positions or to find about the availability of FLSA certification training.