Department of Labor Changes to Fair Labor Standards Act (FLSA) Regulations Effective December 1, 2016
The Fair Labor Standards Act (FLSA) is the federal law that determines whether an employee is eligible for overtime or exempt from overtime (salaried). President Obama signed a directive that asked the Secretary of the U.S. Department of Labor (DOL) to review and update the FLSA with regard to the minimum salary required for employees to meet the executive, administrative, and professional employee exemption. Employees who are not compensated at a level that meets the requirement must be paid time-and-one-half for any hours worked over 40 per week according to federal and state regulation; and Board of Regent’s and University policies and procedures. On May 18, 2016, the Department of Labor (DOL) finalized the changes to FLSA regulations that increase the current minimum salary from $455 per week (or $23,660 per year) to $913 per week (or $47,476 per year) at any FTE.
UPDATE FROM CUPA-HR News
Washington Insider Alert
December 2, 2016
DOL Appeals Judge's Ruling on FLSA Overtime Rule
On December 1, the Department of Labor announced that it will appeal a federal judge's preliminary injunction that halted the implementation of the new FLSA overtime rule changes. Here is a link to the DOL's notice of appeal.
The future of the rule is uncertain at this point. However, Alex Passantino of Seyfarth Shaw LLP, who authored CUPA-HR's white papers on the FLSA overtime rule, has written an article with great information on the status of the rule and thoughts on how employers should handle the situation going forward.
The preliminary injunction, issued by the judge on November 22, was in response to a legal challenge brought by a coalition of more than 50 business groups and 21 state attorneys general.
GUIDANCE FOR HIGHER EDUCATION
- Fact Sheet
- Guidance for Higher Education Employers
- NIH Statement on Overtime Rule and Postdoctoral Researchers
GUIDANCE FOR STATE AND LOCAL GOVERNMENTS
Forms & Resources
- Role Description
- In-Range Progression Pay
- Lump Sum Bonus Request
- Career Ladder Use Justification
- Career Ladder Completion
- Strategic Pay - Group Request
- Strategic Pay - Individual Request
Role Description Templates
- Administrative Associate I
- Administrative Associate II
- Administrative Associate III
- Facilities Assistant
- Facilities Associate
- Facilities Specialist
- Facilities Technician
- Facilities Supervisor I
- Facilities Supervisor II
- Facilities Manager
A newly hired employee may not be paid at a higher entry wage rate than the base salary being paid any other employee with the same job title on the campus in which the vacancy exists.
Exceptions may only be permitted when:
The employment candidate has demonstrably greater qualifications.
ContactFor questions or assistance regarding Performance Reviews & Staff Compensation, please contact: