Fair Labor Standards Act (FLSA)

Employees whose jobs are governed by the FLSA are either "exempt" or "nonexempt." Nonexempt employees are entitled to overtime pay/comp time accrual. Exempt employees are not entitled.

Some jobs are classified as exempt by definition. For example, "outside sales" employees are exempt ("inside sales" employees are nonexempt). For most employees, however, whether they are exempt or nonexempt depends on (a) how much they are paid, (b) how they are paid, and (c) what kind of work they do.

With few exceptions, to be exempt an employee must (a) be paid at least $844 per week ($43,888 per year), and (b) be paid on a salary basis, and also (c) perform exempt job duties. These requirements are outlined in the FLSA Regulations (promulgated by the U.S. Department of Labor). Positions must meet all three "tests" to be exempt. The exemption status determine can be made by reviewing the position description and completing the FLSA Exemption Test Form and emailing to HRConfidential@jsu.edu for HR review.


FLSA Overtime FAQ