Fair Labor Standards Act (FLSA) - Human Resources at Ohio State

The Fair Labor Standards Act (FLSA) sets a minimum hourly wage, a 40-hour workweek, overtime rules, timekeeping requirements and other standards. The guidelines affect full-time and part-time workers in the private sector and in federal, state and local governments.

The U.S. Department of Labor uses annual pay and job duties to determine who is to be paid for working overtime. Some employees are not included in the overtime pay rules because of their duties and annual pay. They are considered exempt. Those who are covered are considered non-exempt and must be paid for all hours worked, including overtime if more than 40 hours are worked in the week.

If an employee’s duties and pay change, or if the regulations are updated, that person’s FLSA status may change from exempt to non-exempt. This section is to help employees, managers and the HR community understand FLSA transitions.

Note, FLSA regulations explicitly exclude certain employee groups from the overtime pay rules regardless of duties and salary. These employee groups include, but are not limited to, teachers, physicians, and attorneys. These employee groups are not eligible for overtime pay.