FLSA Glossary - Human Resources at Ohio State
Any time the employer permits or allows an employee to perform a work-related activity. This includes all time worked while at the job site, work performed at home and work that is performed over lunch breaks or before the regular workday begins. Depending on the circumstances, it may also include travel time, attendance at conferences and workshops and other activities. Read more about compensable time.
Time that is given to compensate for overtime worked. In lieu of overtime pay, a non-exempt employee can elect compensatory time. Compensatory time is earned at the rate of one and one-half hours for each hour worked. Refer to Scheduling Work and Overtime Compensation policy 6.10.
One criterion for determining overtime eligibility. This involves a review of the employee’s specific job duties as described in their position description. There are four categories of duties within FLSA used by Ohio State – Executive, Administrative, Professional and Computer Professional.
Executive duties test–
- Primary duty must be management
- Must supervise at least 2 full time employees
- Must have the authority to hire and fire
Administrative duties test–
- Primary duty is performing non-manual work related to general business operations
- Must regularly exercise independent judgement and discretion
Professional duties test–
- Primary duty requires advanced knowledge/education in a field related to science or learning
- Must regularly exercise independent judgement and discretion.
Computer Professional duties test–
- Involved in analysis, design, development, and application of computers and related systems.
Refers to overtime eligibility status. Exempt staff are not eligible for overtime pay or compensatory time off. Under FLSA, employers are not required to offer the exempt status to employees. This is optional, and each employer can decide what works best for the company and their employees. Exempt employees are expected to work whatever hours are necessary to accomplish the goals and deliverables of their job. Exempt employees are not eligible to receive overtime pay when they work more than 40 hours in a work week.
Fair Labor Standards Act (FLSA)
A 1938 federal employment law administered by the U.S. Department of Labor. It sets a minimum hourly wage, a 40-hour workweek, overtime rules, timekeeping requirements and child labor standards. The guidelines affect full-time and part-time workers in the private sector and in federal, state and local governments.
Refers to overtime eligibility status. Non-exempt staff are eligible for overtime pay or compensatory time off. Employers must compensate non-exempt employees for all hours worked, including overtime for hours over 40 worked in the work week.
A type of payment when a non-exempt employee works more than 40 in a work week. The overtime payment is paid at one and one-half times the base hourly rate. Refer to Scheduling Work and Overtime Compensation policy 6.10. Colleges and administrative units at Ohio State can opt to restrict the use of overtime pay, though an employee must be compensated for hours worked. Employees must get supervisor approval before working overtime hours.
One criterion for determining overtime eligibility. FLSA states that employees whose base annual salary is above a certain amount, currently $47,476, may be treated as exempt from overtime. There are additional criteria, including the duties test that will ultimately decide if an employee can be exempt or non-exempt.
Refers to types of jobs not covered by FLSA rules. Some types of jobs are automatically treated as exempt from overtime due to the nature of the duties performed and are referred to as statutory exclusions. At Ohio State, these jobs include faculty, physicians and attorneys.
U.S. Department of Labor (DOL)
A federal agency that administers and enforces more than 180 federal laws related to wages, working conditions and employment.