FLSA FAQs
Will my classification change?
Employees changing from exempt to non-exempt will likely see a change in their B-Cat/Classification as well. The B-Cat system is determined by the USG.
Will I be paid overtime or receive Comp Time?
All non-exempt employees who record their hours worked in ADP will be eligible for overtime per federal overtime guidelines. At KSU, all overtime must be pre-approved by your manager. At this time, there is no provision for accumulating comp time for non-exempt employees.
How do I report time and leave?
Non-exempt employees must record hours worked and exception time in order to be paid. The timesheets will need to be completed and approved by the employee and e-time approver by the deadline set on the payroll calendar:
What happens if there is Inclement Weather?
•Nonexempt essential service employees will receive additional pay at a straight time (1x) rate for all hours worked during emergency closings in addition to Unscheduled Closing Leave (paid)
•Unscheduled closing leave is equivalent to an employee’s normal shift
•EE on approved leave will be eligible to substitute leave as unscheduled closing leave
Explain the timing of the paycheck.
You will receive a paycheck on September, representing the period September 1-30 and September’s benefits premiums. This will be the last pay check as an exempt employee.
The October 14 pay date is for the pay period of 9/24 through 10/7 but since you’ve already been paid for 9/24 through 9/30, you will only receive pay for one week 10/1 through 10/7. Benefits deductions on this check will represent payment for the first half of October.
The following paycheck on October 28th, will be the first full-two week cycle paycheck and will indicate deductions for the second half of October.
How to manage time of non-exempt positions with significant travel?
Travel time, with the exception of commute time, must be tracked and entered as time worked. To reduce overtime costs employees and their supervisors may want to consider compensatory time off or some form of better time management in an effort to lower the time worked to 40 hours per week.
What is the salary requirement for part time salary workers?
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.
Which EAP (executive, Administrative or Professional) occupations are not subject to the salary level requirement?
Bona fide doctors, lawyers, teachers, and outside sales employees are not subject to the salary level requirement. However the employee must pass the duties test to qualify for the exemption.
For information on the Learned Professional Exemption, please see Fact Sheet 17d which provides a concise overview of the applicable duties tests for the professional exemption which can be found here:
Can housing apply to get to minimum rate?
No. For EAP 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.
If we have an employee that is Exempt/Salary and misses a day during a work week, due to illness and has exhausted all paid time off - can we deduct this day from their check?
For exempt employees subject to the salary basis test, deductions from pay may be made for absences of one or more full days occasioned by sickness or disability (including work-related accidents) if the deduction is made in accordance with a bona fide plan, policy or practice of providing compensation for loss of salary occasioned by such sickness or disability.
The employer is not required to pay any portion of the employee's salary for full-day absences for which the employee receives compensation under the plan, policy or practice. Deductions for such full-day absences also may be made before the employee has qualified under the plan, policy or practice, and after the employee has exhausted the leave allowance thereunder. 29 CFR 541.602(b) (2). For more information on permissible deductions, see Fact Sheet 17G, available at
There are also special rules that apply to public agencies. For more information, please refer to the DOL State and Local Government Webinar available at .
Does a "secretary" who makes $48000 fit into an exempt category?
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. There is a relaxed duties test for "highly compensated employees" earning over $134,004 per year, but even under that HCE test the employee must still perform exempt duties on a customary and regular basis.
How does the Final Rule affect Higher Education?
Detailed information is provided within the following Higher Education Guidance Document:
How can I get the exempt status changed?
Employee should discuss with their supervisor. If the supervisor feels that the position should be exempt, an Intake Form should be completed and sent to Comp & Class for review.