Fair Labor Standards Act

The Fair Labor Standards Act (FLSA) is a federal law that establishes minimum wage, overtime pay, and youth employment standards governing compensation policy in the private sector and in federal, state, and local governments.

The FLSA requires employers to pay covered non-exempt employees at least the federal minimum wage and overtime pay for all hours worked in excess of 40 in a work week. In general, compensable hours worked include all time an employee is required or allowed to perform work for the employer.  This would generally include work performed at home, travel time (except for travel to and from work), waiting time, training and probationary periods.

NOTE: Non-exempt employees are required to submit timesheets for all hours worked.

As part of the FLSA, exempt employees are those individuals who are not subject to receive overtime pay. To qualify for exempt status, the employee must meet the salary minimum and the position must pass the Department of Labor (DOL) Job Duties Test. The current FLSA exempt salary minimum is $684/weekly (as of January 1st, 2020). 

NOTE: Exempt employees only need to submit timesheets to report leave. This includes winter closure days between the observed Christmas and New Years holidays.

To qualify for exempt status, the employee must meet the salary minimum and the position must pass the Department of Labor (DOL) Job Duties Test. The current FLSA exempt salary minimum is $684/weekly (as of January 1st, 2020). 

1. The employee’s primary duty includes the exercise of discretion and independent judgment with respect to matters of significance.

2. The employee’s primary duty must be the performance of work requiring advanced knowledge, defined as work which is predominantly intellectual in character and which includes work requiring the consistent exercise of discretion and judgment. 

3. The employee must be customarily and regularly engaged away from the employer’s place or places of business. 

All UA position classifications have a default FLSA status. To change a specific position’s FLSA status to the alternate option, please contact ua-benefits@alaska.edu

 The federal government has set a federal minimum wage rate. Refer to the DOL Minimum Wage website for the federal rate and additional information about the federal minimum.

The state of Alaska has set a state minimum wage rate that is higher than federal minimum wage. As a matter of order of precedence, state law supersedes the federal law. Refer to the Alaska DOL Wage and Hour Administration website for the current state rate along with additional information about the state minimum.
 Please note: according to University Regulation R04.05.020, nonexempt employees will not be eligible for compensatory time-off in lieu of overtime pay. As defined by the Department of Labor, compensatory time is, "Paid time off the job that is earned and accrued by an employee instead of immediate cash payment for working overtime hours." The University of Alaska system does not provide compensatory (comp) time for any position.