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THE FAIR LABOR STANDARDS ACT (FLSA)

Diane M. Juffras School of Government (919) 843-4926 THE FAIR LABOR STANDARDS ACT (FLSA) 29 201-219 OVERVIEW The Fair LABOR STANDARDS Act (FLSA) is a federal law that sets minimum wage, overtime pay, equal pay, record keeping, and child LABOR STANDARDS for employers. It is administered by the Wage and Hour Division of the Department of LABOR ( ). The FLSA s minimum wage and overtime requirements apply to all non-exempt state and local government employees. DETERMINING WHETHER A POSITION IS EXEMPT OR NON-EXEMPT A. Everyone is non-exempt unless they can be shown to satisfy all three of the following: They are salaried, which means that they receive the same wages from pay period to pay period and that there are no changes to that amount based on variations in quality or quantity of work (the salary basis test ); and They earn at least $455 per week, and They are executive, administrative or professional employees within the meaning of those terms as set forth in United States Department of LABOR regulations (the duties tests ).

B. Sleep Time 29 CFR §§ 785.22. See 29 CFR 553.222 for 207(k) personnel 1. Shift must be minimum of 24 hours (24.5) before sleep time can be excluded. 2. No more than 8 hours can be excluded. 3. Express or implied agreement required. 4. …

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