PERMISS

Fair Labor Standards Act (FLSA)

Management should be aware of whether their employees are covered under the Fair Labor Standards Act (FLSA) and what that coverage means. Click here for an overview of the Act. The employee's FLSA exemption status is shown on the Position Description in the Fully Automated System for Classification (FASCLASS) .

It will identify EXEMPT or Nonexempt. The FLSA provides for minimum standards for both wages and overtime entitlements and specifies administrative procedures by which covered work-time must be compensated. Term definitions are:

  • NONEXEMPT - Covered by the minimum wage and overtime provisions of the Act.
  • EXEMPT - Not Covered by the minimum wage and overtime provisions of the Act.

In practical terms this means that employees designated as nonexempt are entitled to overtime pay at 1.5 times their regular pay for all hours of work over 8 in a day or 40 hours in a workweek. Overtime pay for exempt employees is capped at 1.5 times the GS-10 step 1 pay rate.

An employee's FLSA status is determined by a human resources specialist in the CPOC and is based on the type of position (e.g., executive, administrative, professional, technical, clerical, and other) and the nature of the duties and responsibilities of the position.

An employee is presumed to be FLSA nonexempt unless the employing agency correctly determines that the employee is exempt using criteria spelled out in the Act. The burden of proof rests with the employing agency.

For additional information regarding the impact of FLSA determinations with respect to overtime compensation refer to Management Employee Relations Program - Hours of Duty, Work Schedules, and Compensation (Special Pay Entitlements).

The Office of Personnel Management (OPM) Federal Employee FLSA homepage is another source of information.

Content last reviewed: 5/31/2006-LAR

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This page was last revised: 9/24/2013