Fair Labor Standards Act (FLSA)

Overview

The Fair Labor Standards Act (FLSA) is a Federal Labor Law that establishes minimum wage, overtime pay, equal pay, record keeping, and child labor standards for employees. The law establishes the tests for determining whether an employee is subject to or exempt from minimum wage and overtime pay requirements.

The exemption status of a University staff position is determined by the University’s Compensation Department within the Office of Human Resources and is done so in accordance with criteria established by the FLSA. 

Fair Labor Standards Act (FLSA) Frequently Asked Questions

GENERAL FLSA INFORMATION

What is the Fair Labor Standards Act?
The FLSA is a federal law that establishes minimum wage, overtime pay, recordkeeping, and youth employment standards for employees.

Does the University of Pittsburgh have to comply with the FLSA?
Yes.

Who is covered under the FLSA?
Minimum wage and overtime requirements of the FLSA apply to most employees in the United States. However, there are exemptions from the FLSA's requirements that are applicable to many employees working in higher education.

What does “exempt” mean?
This means an employee is "exempt" from the FLSA's minimum wage and overtime requirements. "Exempt" employees in higher education include: 1. Bona fide teachers, such as most faculty members; 2. Licensed doctors (including dentists) who are actually engaged in the practice of medicine; and 3. Individuals who perform certain "exempt" duties and are paid on a salary basis in an amount above the FLSA's minimum salary threshold.

What does “non-exempt” mean?
This means an employee is not exempt from the FLSA's minimum wage and overtime requirements. In other words, a "non-exempt" employee is eligible for overtime.

What is the FLSA overtime requirement?
Non-exempt employees are entitled to overtime pay for all time actually worked over 40 hours in a work week at a rate of one and one-half time their regular rate of pay.

What is the federal minimum wage?
The federal minimum wage is $7.25 per hour. Individual states may have different minimum wage rates, but the higher of the federal or state rate would apply. Please note: the minimum wage rate of Pennsylvania is currently $7.25 per hour.

Do non-exempt employees need to record their time actually worked?
Yes. To ensure accurate records and payment of all wages due as required by the FLSA, the University requires non-exempt employees to record work time. Information on how to accurately record work time is available through the PRISM TRKS website.

Where may I find more information about the FLSA?
The University electronically posts required workplace notices, including "Employee Rights Under the Fair Labor Standards Act." The University's Office of Human Resources also has additional guidance on the FLSA, including information on how to accurately record work time.

What should I do if I have further questions or need additional information about the FLSA at the University of Pittsburgh?
If you require additional information on FLSA, contact the HR Compensation team at ohrcomp@pitt.edu. For further clarity with any situation, please contact Employee Relations at 412-624-4645.

Is travel time considered compensable time?
If your position requires you to travel away from your regular work site, that time may be considered compensable. Review these guidelines for differences in types of travel and whether it is compensable. The Department of Labor provides additional guidelines on travel and hours worked.

Timekeeping via PRISM TRKS

PRISM TRKS Training Modules

Special Time Recording:

Staff Time Keeping: http://www.hr.pitt.edu/managers/current-managers/time-keeping

Recording hours worked for non-exempt staff: http://www2.hr.pitt.edu/comp/pdf/recording_time_worked_non_exempt.pdf

 

If you have any questions, please contact the HR Compensation team at ohrcomp@pitt.edu or your department administrator.