Guidance for Higher Education Institutions on Paying Overtime Under the Fair Labor Standards Act

Guidance for Higher Education Institutions on Paying Overtime Under the Fair Labor Standards Act

Guidance for Higher Education Institutions on Paying Overtime Under the Fair Labor Standards Act is a 13-page legal document that was released by the U.S. Department of Labor - Wage and Hour Division on May 18, 2016 and used nation-wide.

FAQ

Q: What is the Fair Labor Standards Act?
A: The Fair Labor Standards Act (FLSA) is a federal law that sets rules for minimum wage, overtime pay, and other employment standards.

Q: Who does the Fair Labor Standards Act apply to?
A: The FLSA applies to most employees in the private and public sectors, including higher education institutions.

Q: What is overtime pay?
A: Overtime pay is additional compensation required to be paid to employees who work more than 40 hours in a workweek.

Q: Do higher education institutions have to pay overtime?
A: Yes, higher education institutions must comply with the FLSA and pay overtime to eligible employees.

Q: Which employees are eligible for overtime pay?
A: Generally, employees who earn less than a certain salary threshold and perform non-exempt job duties are eligible for overtime pay.

Q: Are all jobs in higher education exempt from overtime pay?
A: No, certain job categories in higher education, such as teachers and administrators, may be exempt from overtime pay under specific criteria.

Q: How should overtime pay be calculated?
A: Overtime pay should be calculated as one and a half times the employee's regular rate of pay for each hour worked over 40 in a workweek.

Q: Can higher education institutions provide compensatory time off instead of overtime pay?
A: In most cases, higher education institutions are not allowed to provide compensatory time off in lieu of overtime pay for non-exempt employees.

Q: What are the penalties for not paying overtime under the FLSA?
A: Penalties for not paying overtime may include back wages, liquidated damages, and civil monetary penalties.

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