FLSA Changes 2024

On November 15, a federal judge in the Eastern District Court of Texas ruled to strike down the Biden administration’s Fair Labor Standards Act (FLSA) overtime final rule. The ruling strikes down all components of the rule, meaning both the July ($43,888) and January ($58,656) salary thresholds are no longer in effect, and the triennial automatic updates will not take place. The decision applies to all covered employers and employees under the FLSA nationwide.

• What is the Fair Labor Standards Act (FLSA)?

  The FLSA is a federal law that establishes minimum wage, overtime pay, recordkeeping, and youth employment standards affecting most private and public employers. The U.S. Department of Labor’s Wage and Hour Division enforces the FLSA.
• What is the recent change in the FLSA that may affect my employment status at ETSU?

  TOn November 15, a federal judge in the Eastern District Court of Texas ruled to strike down the Biden administration’s Fair Labor Standards Act (FLSA) overtime final rule. The ruling strikes down all components of the rule, meaning both the July and January salary thresholds are no longer in effect, and the triennial automatic updates will not take place. The decision applies to all covered employers and employees under the FLSA nationwide.

  With the decision, the salary threshold set in the 2019 regulations ($35,568 per year or $683 per week) will be the salary threshold employers should adhere to. 

• How are postdoctoral positions impacted by this change?

  Postdoctoral researchers in the sciences who do not teach are subject to the new regulations. Postdoctoral positions that primarily teach are excluded from the new regulations and can remain salaried.
• How do the FLSA rules for higher education institutions differ from private companies?

  The FLSA includes several provisions exclusive to higher education:

  • Teachers are excluded from the FLSA requirements if teaching is their primary duty. This includes adjunct instructors, professors and others.
  • Coaches are excluded if their primary duty is teaching, which may include instructing student-athletes in how to perform their sport.
  • Graduate research assistants, graduate teaching assistants and resident assistants are excluded.
• How can a non-exempt employee track the hours that they work while traveling for work?

  The Wage and Hour Division has a free App for download at dol.gov/agencies/whd. The app helps employees track the hours that they work using a Smartphone. For employees without a Smartphone, the Wage and Hour Division has a printable work hours calendar to track rate-of-pay, work start and stop times, and arrival and departure times. Employees who use an Android device will find free Apps available for download on Google.
• What is considered "work time" while a non-exempt employee is traveling?

  Determining work time while traveling can be difficult. The principles which apply in determining whether time spent in travel is compensable time depends upon the kind of travel involved. Please see the "Travel Time Guidelines for Supervisors" and the "Travel Time Chart" on this website for assistance.
• Can I still teach Adjunct classes if I am a non-exempt employee?

  Please review policy PPP-83 Non-Exempt Employees Who Also Teach as Adjunct Faculty, that has been approved and is posted on the Policies and Procedures webpage.
• Will I be paid for working “on-call” during my off-duty hours if I am a non-exempt employee?

  Non-exempt employees who are scheduled to be “on-call” and provide services during off-duty hours will be paid overtime pay or compensatory time for the actual hours worked. Whether the hours spent on-call is actually hours worked must be decided on a case-by-case basis. (Please see "On-Call Time Guidelines for Supervisors" for additional guidance.)
• Will I be paid if I am called back to work during an emergency if I am a non-exempt employee?

  Yes. Please review “Emergency Call Back Time for Non-Exempt Employees” listed on page 3 of PPP-05 Pay Procedures that is posted on the Policies and Procedures webpage.
• How will vacant administrative/professional positions be advertised?

  Newly advertised administrative/professional positions will clearly state that the position is exempt, non-exempt, or dependent upon salary.
• As a non-exempt employee, do I need approval to work overtime?

  Yes, you must have prior approval to work overtime. See PPP-05.
• My department can’t afford to pay me overtime. Can I volunteer my time?

  No, non-exempt employees cannot volunteer to perform their regular job duties.
• If a non-exempt employee chooses to eat their lunch at their desk and ends up answering the telephone a few times, do they need to be paid?

  Yes, if the non-exempt employee is allowed to work, whether or not they are eating their lunch, it is paid work time. In order to be considered an unpaid break, the employee needs to leave the work area and/or perform absolutely no work for more than 20 minutes.
• Can a non-exempt employee waive their rights to overtime compensation?

  No, all non-exempt employees are compensated for all hours worked.
• Can the supervisor make a non-exempt employee leave early on Friday so the employee’s total hours of work will not exceed 37.5 hours?

  Yes, this is one method to effectively manage work time and the personnel budget.
• As a non-exempt employee, I receive emails, telephone calls and text messages from my supervisor, other office staff and students after-hours. If I respond to work-related emails, telephone calls and/or text messages after-hours, do I get paid for that time?

  Yes, non-exempt employees who respond to work-related emails, telephone calls and text messages after-hours must be paid for the time they worked.
• As a supervisor, I expect my non-exempt employees to handle work-related emails, telephone calls and text messages after regular business hours. Do these employees need to be paid for the time they work using their cell phones and computers after-hours?

  Yes, non-exempt employees who respond to work-related emails, telephone calls and text messages after-hours must be paid for the time they work. Supervisors must monitor their need to communicate with non-exempt employees after-hours. Discuss with your employees what types of issues are priority and require their immediate response and what issues can wait until regular work hours.
• If I am taking a class, how do I record my time in class on my timesheet?

  Time spent in class (that is not a workshop or conference directly related to work) should be recorded as leave time.
• How is my hourly rate calculated?

  Your hourly rate is calculated by dividing your annual salary by 1,950 hours.
• If I earn comp time at time and a half, do I get paid out at time and a half?

  When comp time is recorded, it is automatically converted to the correct number of hours. When comp time is paid out, it is paid at the current hourly rate.
• How does comp time affect longevity pay?

  Please see the Longevity Policy.
• If I get an across the board increase that puts me over the exempt employee threshold, will my position be reclassified to exempt?

  At this time, there are no plans to reclassify employees who reach the salary threshold through across the board increases.
• How does this change affect 12-month faculty and faculty that are split in faculty and administrative duties?

  Faculty are exempt from the FLSA.
• Do I record my time if I check my email after hours or on weekends?

  Yes, any time spent working should be recorded.
• If one of my employees is teaching as an adjunct, do I have to change their regular working hours?

  No. Please see PPP-83.
• Can we request a position be changed to exempt based on the cost of overtime?

  HR will work with departments to determine if a change in FLSA status is appropriate.
• If I work in a clinic and occasionally have to work through lunch, can I just leave early at the end of the day?

  No.  Lunch should be taken during a normal meal period.  See PPP-05.
• Are non-exempt employees required to take 15-minute breaks?

  Most employees have the opportunity to take breaks as needed. A 15-minute break is only necessary when there is no opportunity for rest during the shift.
• When is overtime paid?

  When paid overtime is chosen, it is paid out on the next regular paycheck after the hours are worked.
• If a supervisor asks me to come in on the weekend but cannot pay me overtime, can I still come in (volunteer)?

  No, employees cannot volunteer for their own position.
• If I work on Saturday, can I take a day off the next week to avoid working overtime?

  The work week is Sunday at 12:00AM to Saturday at 11:59PM. If time is worked on Saturday, it must be recorded on the timesheet. Compensatory time can be taken the following week.
• What if the person doesn’t have available comp time on their current timesheet, but they earn it during the pay period. Can they use it in the same pay period?

  Yes, an employee can bank compensatory time and take compensatory time earned in the same pay period. They are not required to have an existing bank from the previous pay period. However, the employee cannot take compensatory time off before it is earned. Time should be accurately recorded in the timekeeping system to ensure it is calculated at the correct rate.
• Can you take paid overtime and annual/sick leave in the same week?

  Yes, you can have overtime hours and annual/sick leave hours in the same week. You should not have overtime worked and annual/sick leave in the same day.
• Can you require employees to take time off during the same week they earn it?

  Yes, supervisors can require an employee to take compensatory time in the same week it is earned.
• Can employees work together to take their time off so not everyone is off at the same time?

  Yes, employees are encouraged to work with each other and their supervisor to ensure that services continue while still allowing employees to use their earned compensatory time.
• Do employees have to earn comp time before they can take it? What if they earn it on a Friday or Saturday?

  Yes, employees must earn compensatory time before it is taken. If time is earned on a Friday or Saturday, then the time would be recorded on the timesheet as compensatory time banked, and would be available for the employee to use the following week.
• If you take annual/sick leave during the week, does that affect overtime?

  Yes, taking annual and/or sick leave during the week affects overtime. Accrued time worked includes hours actually worked and holiday hours for the purposes of overtime calculation. Any hours other than the holiday hours and hours worked are excluded from overtime calculations.
• If I’ve earned enough comp time to take every Friday off for a month, would I still have the same paycheck?

  Yes, the paycheck would be the same.
• How do you know who is exempt?

  Timekeepers will know who is exempt when they enter time into the TRS system. Exempt employees are not eligible for compensatory or overtime compensation.

Tools for Supervisors

Non-exempt Employee Travel Chart (pdf)

Travel Time Guidelines for Supervisors (pdf)

On-Call Guidelines for Supervisors (pdf)

Sample Overtime Approval Form (Excel)

Weekly Overtime Estimator (Excel Worksheet)

Weekly Overtime Estimator Worksheet with Compensatory Time Tracking (Excel Worksheet)

Weekly Time Worked Calculator (Excel Worksheet

Related Links

United States Department of Labor - Wage and Hour Division https://www.dol.gov/agencies/whd