Fair Labor Standards Act

It depends. This will be reviewed on a case-by-case basis. Contact your HRAC Representative.

The job duties will not change. To qualify for exemption, employees must meet certain requirements related to their job duties and satisfy the standard salary level and salary basis tests. Unless an employee works in an occupation that is not subject to the salary requirements (e.g., outside sales employees, doctors, teachers, lawyers), they must earn at least $913 per week (equivalent to $47,476 per year) beginning on December 1, 2016 to retain their exempt status.

To qualify for any of the white-collar exemptions, employees generally must meet the salary basis test, the salary level test, and the duties test. Generally, if an exempt employee subject to the salary level test works for any amount of time during their workweek, they must receive at least the full standard salary level ($913 per week, beginning on Dec. 1, 2016) to retain their exempt status. Please see FOH 22g10 concerning rules for annual salary earned in a shorter period, which can be found at the following link: https://www.dol.gov/whd/FOH/FOH_Ch22.pdf.

Georgia State University could be fined a penalty by the US Department of Labor.

The Central Office – Human Resources department, with input from the colleges and divisions.

Yes, but any calls received after hours is considered paid time.   The employee must be paid for this time.

Overtime is based on hours worked over 40 hours a week. Each workweek stands alone; averaging hours worked over two or more workweeks is not permitted by the FLSA.

To Be Determined – Policy is being developed by the Board of Regents.

Generally, graduate and undergraduate students who are engaged in research under a faculty member’s supervision in the course of obtaining a degree are considered to be in an educational relationship and not an employment relationship and therefore not entitled to overtime.

• Graduate students whose primary duty is teaching or serving as a teaching assistant fall under the FLSA’s teaching exemption.
• Postdoctoral researchers in the sciences are not covered by the teaching exemption. These employees are generally considered professional employees and are subject to the salary threshold for exemption from overtime.
• Postdoctoral researchers in the humanities also teach. To the extent that they have a primary duty of teaching, they will be subject to the teaching exemption and not entitled to overtime compensation. If they do not teach, however, and earn less than the new threshold, they will be eligible for overtime.

If there are no changes in duties and responsibilities and the PRF on file is not older than three years old then the answer is no.

FLSA changes will be based on the job title not by individual positions. If your position is one of those titles that will be changed, you have the following options:

• Raise salary to at least the new salary threshold to remain exempt.
• Pay overtime for hours in excess of 40 hours per week.
• Reorganize workloads, adjust schedules or spread work duties.
• Adjust wages.

Whether a worker is full-time or part-time, the standard salary level to qualify for exemption will be $913 per week. The salary level is not prorated for part-time employees.

No. For Executive, Administrative, Professional or White Collar employees to qualify for exemption under section 13(a) (1) of the Act, an employee must earn the minimum salary amount set forth in section 541.600, “exclusive of board, lodging, or other facilities.” The phrase “exclusive of board, lodging, or other facilities” means “free and clear” or independent of any claimed credit for non-cash items of value that an employer may provide to an employee. Please see 29 CFR 541.606 for more information.

Workers who do not pass the standard duties test, including most secretarial staff, do not qualify for exemption and will be entitled to overtime pay.