IMPORTANT FLSA Overtime Changes
The Department of Labor announced a final regulatory rule raising the minimum salary threshold for employees who are classified as FLSA Exempt. The rule, which will impact various groups of employees across the institution, changes the salary threshold that an employee must be paid to be appropriately classified as Exempt from overtime.
The change is as follows:
- Effective July 1, 2024, the minimum salary threshold for employees classified as “Exempt” will increase to $844 per week ($43,888 annualized).
- Effective January 1, 2025, the minimum salary threshold for employees classified as “Exempt” will increase to $1,128 per week ($58,656 annualized).
The Department of Labor Rule requires the University to reclassify the FLSA designation from FLSA Exempt to FLSA Non-Exempt for all employees earning below the salary threshold that do not qualify for other exemptions.
Any questions concerning this change may be directed to your HR Specialist or workforce@uconn.edu.
Guidelines by Employee Group
UCPEA Non-Exempt
General Information
In accordance with Article 18.1 of the UCPEA contract, non-exempt employees who are covered by the UCPEA contract shall be compensated in accordance with the Fair Labor Standards Act (“FLSA”). Non-exempt employees covered by the UCPEA contract shall be paid their hourly rate of pay for each hour worked up to 40 hours in a workweek and will receive compensatory time at the rate of time and one half for hours worked in excess of 40 hours in a workweek.
| WORKWEEK | 35 HOURS |
|---|---|
| Exceeding 35 Hours in a Workweek | Non-exempt employees covered by the UCPEA contract shall be paid their hourly rate of pay for each hour worked, up to 40 hours in a workweek. |
| Exceeding 40 Hours in a Workweek | Non-exempt employees covered by the UCPEA contract will receive compensatory time at the rate of time and one half for hours worked in excess of 40 hours in a workweek. |
| Part-Time Employees | Part-time employees who are non-exempt will be paid their hourly rate of pay for each hour worked up to 40 hours in a workweek. |
| Earning Compensatory Time | Each instance of compensatory time must be approved in writing through the Compensatory Time Authorization Form. Blanket authorization forms will not be approved.
For more information, visit UCPEA Compensatory Time Guidelines for Management. |
| Compensatory Time Limits | When a non-exempt employee's compensatory time earned under Article 18 reaches a total of 240 hours the employee shall be paid for additional compensatory hours earned. |
| Job Aids for Time Reporting | Coming soon |
| Contact | HR Specialist Assignment List |
Example Scenarios:
I am a full-time, non-exempt, UCPEA employee who is recording 42 hours in my current workweek. Will I receive overtime?
Full-time UCPEA employees who record 42 hours in a given workweek will receive 5 hours of their regular rate of pay (5 hours worked up to 40 hours) and 3 hours of compensatory time (rate of 1.5 x 2 hours above 40 hours).
I am a part-time, non-exempt, UCPEA employee who records 32 hours in a workweek. My regularly scheduled hours are 17.5 hours per workweek. Will I receive overtime?
Part-time employees who are non-exempt will be paid their regular rate of pay for each hour worked up to 40 hours in a workweek.
Confidential Non-Exempt
General Information
In accordance with the Leave Benefits for Managerial and Confidential Exempt Employees Policy, confidential employees who are non-exempt earn time-and-a-half compensatory time for working above 40 hours per week.
| WORKWEEK | 40 HOURS |
|---|---|
| Exceeding 40 Hours in a Workweek | Non-exempt confidential employees will receive compensatory time at the rate of time and one half for hours worked in excess of 40 hours in a workweek. |
| Part-Time Employees | Part-time employees who are non-exempt will be paid their hourly rate of pay for each hour worked up to 40 hours in a workweek. |
| Earning Compensatory Time | Each instance of compensatory time must be approved in writing on the Compensatory Time Authorization Form for Non-Exempt Confidential Employees. Blanket authorization forms will not be approved. |
| Compensatory Time Limits | When an employee's compensatory time earned reaches a total of 240 hours the employee shall be paid for additional compensatory hours earned. |
| Job Aids for Time Reporting | Coming soon |
| Contact | HR Specialist Assignment List |
Example Scenarios:
I am a full-time, non-exempt, confidential employee who records 42 hours in my current workweek. Will I receive overtime?
Confidential employees who record 42 hours in a given workweek will receive 3 hours of compensatory time (rate of 1.5 x 2 hours above 40 hours).
I am a part-time, non-exempt, confidential employee who records 32 hours in a workweek. My regularly scheduled hours are 17.5 hours per workweek. Will I receive overtime?
Part-time employees who are non-exempt will be paid their regular rate of pay for each hour worked up to 40 hours in a workweek.
Special Payroll Non-Exempt
General Information
Special Payroll employees who are non-exempt will receive overtime pay at the rate of time-and-a-half for working above 40 hours per week.
| WORKWEEK | 40 HOURS |
|---|---|
| Exceeding Regularly Scheduled Hours | Each instance of exceeding one’s regularly scheduled weekly hours (as indicated in the employment offer) must be approved in writing on the Request to Work Beyond Regularly Scheduled Hours form. Blanket authorization forms will not be approved. |
| Exceeding 40 Hours in a Workweek | Non-exempt special payroll employees will receive overtime pay at the rate of time and one half for hours worked in excess of 40 hours in a workweek. |
| Part-Time Employees | Part-time employees who are non-exempt will be paid their hourly rate of pay for each hour worked up to 40 hours in a workweek. |
| Earning Overtime | Each instance of overtime must be approved in writing on the Request to Work Beyond Regularly Scheduled Hours form. Blanket authorization forms will not be approved. |
| Multiple Appointments |
Non-exempt special payroll employees with multiple active, paid appointments with the State of Connecticut must complete a Dual Employment form, and the form must be approved by all hiring departments/agencies and the Department of Administrative Services (DAS).
If a dually employed non-exempt special payroll employee exceeds 40 hours in a workweek, they will be paid at a calculated regular rate of pay for all hours worked above 40. |
| Resources | FLSA Overview of Changes for Special Payroll |
| Contact | SPAR@uconn.edu |
Example Scenarios:
I am a non-exempt, special payroll employee who records 42 hours in my current workweek. Will I receive overtime?
Special payroll, non-exempt employees who record 42 hours in a given workweek will receive their hourly rate of pay at time and one half for any hours worked above 40 hours.
I am a non-exempt, special payroll employee who records 32 hours in a workweek. My regularly scheduled hours are 17.5 hours per workweek. Will I receive overtime?
Special payroll employees who are non-exempt will be paid their hourly rate of pay for each hour worked up to 40 hours in a workweek.
I am a non-exempt special payroll employee, and another department wants to hire me on another special payroll appointment. In total, I may exceed 40 hours in a workweek. What do I need to do?
Non-exempt, dually employed special payroll employees must have a completed Dual Employment form on file with Human Resources prior to starting a secondary appointment. If the Dual Employment form is approved by all agencies and DAS, the employee will be paid at the calculated regular rate of pay for hours worked above 40 in a workweek. The Non-Exempt Special Payroll Employee Authorization Request to Work Beyond Regularly Scheduled Hours form must also be completed by the manager.
FLSA Overtime Rule - Frequently Asked Questions
FLSA Overview
What is the Fair Labor Standards Act (FLSA)?
The Fair Labor Standards Act (FLSA) is a federal law administered by the Department of Labor, which in addition to other things, establishes minimum wage and overtime pay. Under the FLSA, some employees are exempt from the wage and overtime provisions of the law, and some are nonexempt. The FLSA requires that all nonexempt workers be paid overtime for all hours worked over 40 in a workweek.
What does FLSA Exempt mean?
Exempt employees are not covered by the overtime provisions of the FLSA and are paid a salary regardless of the amount of time or effort required to complete the work.
What does FLSA Non-Exempt mean?
Non-exempt employees are covered by the overtime provisions of the FLSA, and they are entitled to overtime pay for all hours worked exceeding 40 hours in a work week. Overtime is paid at a rate of time and one-half of the employee’s regular rate of pay.
What does the updated rule do?
The updated rule takes effect in two stages:
- Effective July 1, 2024, the minimum salary threshold for employees classified as “Exempt” will increase to $844 per week ($43,888 annualized).
- Effective January 1, 2025, the minimum salary threshold for employees classified as “Exempt” will increase to $1,128 per week ($58,656 annualized).
- The rule also requires an increase in the salary threshold every three years based on available earnings data at the time.
What positions may be classified as exempt from overtime under the FLSA?
The FLSA provides an exemption from overtime for employees who meet certain tests regarding their job duties and salary. Information regarding the FLSA salary and duties test is available at Fact Sheet #17A: Exemption for Executive, Administrative, Professional, Computer & Outside Sales Employees Under the Fair Labor Standards Act (FLSA).
Human Resources is responsible for classifying positions as Exempt or Non-Exempt under the FLSA.
Are there positions that are classified as Exempt even if they do not meet the salary level test?
Yes, some positions in and of themselves are deemed FLSA Exempt and are not required to meet the salary level test (i.e., do not need to meet annual/weekly salary thresholds), based on the duties of the position. Such positions are exempt from the overtime provisions of the FLSA.
For example, teachers are designated as FLSA Exempt, regardless of their annual/weekly salary, if their “primary duty is teaching, tutoring, instructing, or lecturing in the activity of imparting knowledge.”
Are part-time employees affected?
Part-time employees are impacted if they are currently classified as exempt but earn less than the salary threshold, while working part-time. For example, an employee who is 50% employed with a full-time annual salary of $60,000 will generally earn $30,000 per year. This position must be classified as Non-Exempt as the earnings will fall below the salary threshold.
Workweek Overview
What is the definition of a workweek?
The established workweek is Friday through Thursday.
What constitutes time worked under the FLSA?
Time worked under the FLSA includes all time spent performing job-related activities.
Is a meal break considered work time?
The meal period is generally at least 30 minutes. Bona fide mealtime is not work time if the employee is completely relieved of all duties.
The Fair Labor Standards Act (FLSA) requires employers to pay for travel time for non-exempt employees in some circumstances. See Travel Time under the FLSA below for more information.
Travel Time under the FLSA
Excerpts from: Title 29, Part 785 of the Code of Federal Regulations, U.S. Department of Labor, Wage and Hour Division
The Fair Labor Standards Act (FLSA) requires employers to pay for travel time for non-exempt employees in some circumstances. Generally, time spent traveling is compensable, unless it is normal home-to-work commute time, or when travel requires an overnight stay and the time spent traveling as a passenger falls outside of the employee's normal work hours.
When pay is required, the time spent traveling is considered hours worked and must be included when determining overtime pay obligations.
Home to work travel.
Normal time an employee spends commuting from home to their regular worksite is not treated as hours worked under the FLSA.
Home to work for one day assignment in another campus location or another off-site location.
When non-exempt employees travel out of town for work but return home on the same day, all the time spent traveling during the day is compensable, regardless of the employee's regular work hours. The time the employee would have spent commuting to his or her regular work location as well as meal periods are not considered worktime.
Travel required during the workday.
Time spent traveling to and from different worksites during the day is work time and must be paid. For example, an employee who is stationed at the Hartford Campus must be paid for travel to another campus during the workday.
Overnight travel.
Traveling away from home for overnight travel is worktime when it falls within an employee's workday. Hours worked on regular working days during normal working hours are paid as well as hours worked during normal working hours on days an employee would not typically work. For example, if an employee’s normal working hours are from 8 a.m. to 5 p.m. from Monday through Friday the travel during those hours is worktime on Saturday and Sunday as well. Regular meal periods are not considered worktime, nor is time spent in travel away from home outside of regular working hours as a passenger on an airplane, train, car, etc. Any work which an employee is required to perform while traveling must be counted as hours worked even if outside the normal working hours.
Can a non-exempt employee flex hours during a 2-week pay period?
Non-exempt employees must receive pay for all hours worked and must receive overtime pay for hours worked over 40 in a workweek. Non-exempt employees cannot flex their schedules and work less than 40 hours in one workweek and then make up the time in the second workweek of the pay period.
Overtime Overview
What is the definition of overtime?
Overtime is time worked by a non-exempt employee that exceeds 40 hours in one workweek.
Must overtime be approved in advance?
Yes, overtime must be approved by a manager outside of the bargaining unit prior to the employee working over 40 hours in a workweek.
What happens if I work over my regularly scheduled hours without pre-approval due to an emergency or urgent situation?
Employees must receive approval prior to working over their regularly scheduled hours. In the rare circumstance in which a non-exempt employee must work over their regularly scheduled hours prior to receiving pre-approval due to an emergency or urgent situation, they will be compensated for every hour worked up to 40 and will earn compensatory time at the rate of time and one half for hours worked over 40. A written record of the event with an explanation of why prior approval was not received must be submitted to the first manager outside of the bargaining unit.
May a non-exempt employee volunteer to work unpaid hours in their regular job in addition to their regular schedule?
All non-exempt employees must be compensated for all hours worked in their regular job.