Fair Labor Standards Act (FLSA)

Note: For West Campus and HSC State Employees with non-exempt designation.

What is FLSA?

The Fair Labor Standards Act (FLSA) establishes minimum wage, overtime pay, recordkeeping, and child labor standards for full-time and part-time workers in the private sector and in Federal, State, and local government.

What does the term "non-exempt" mean?

The FLSA regulations mandate that all non-exempt employees are subject to minimum wage, overtime and recordkeeping provisions. "Non-exempt" employees must receive overtime compensation for all hours worked over forty in one work-week.

Are there exceptions to FLSA?

Yes, a position may be eligible for FLSA exemption if some conditions or criteria are met, (i.e., not eligible for FLSA overtime). The primary emphasis for FLSA designation is specific job duties. A salary basis test must also be met to provide for FLSA exemption.

Who determines a position's FLSA designation?

At Stony Brook, the Classification & Compensation unit of Human Resource Services analyzes all positions for title classification, compensation and FLSA designation.

How do I know if I am non-exempt?

All West Campus and HSC positions listed on Campus Job Opportunities (CJO) indicate the FLSA designation. In addition, Appointment Letters will inform the new employee of his/her position's FLSA designation.

How does a Non-exempt designation affect the employee?

Employees in FLSA Non-exempt positions are eligible to be compensated for hours worked in excess of 40 per work-week (Thursday through Wednesday for State Employees).

Completion of an Attendance & Leave Accrual Report (303 NE) for Non-exempt employees is required.

Is lunch included in time worked?

FLSA does not address breaks. However, the New York State Department of Labor requires that an employee take a minimum of 30 minute break after six (6) hours worked. Lunch periods, when an employee is relieved of duty, are not considered as "hours worked".

What is FLSA "Compensatory Time" and how does it work?

The FLSA authorizes public employers to compensate overtime with time off in lieu of payment (up to 240 hours)

Hours worked in excess 40 in a work-week (Thursday through Wednesday) are earned at time and a half, for a maximum of 240 hours (160 hours actually worked at the rate of time and a half, equals 240 hours). For those positions whose normal obligation is 37.5 hours, the hours worked in a week between 37.5 and 40 will be recorded at straight time on the time sheet.

Upon reaching the 240 hours maximum, employees are entitled to overtime pay.

Using compensatory time is similar to using vacation accruals, employees follow departmental procedures to request time off.

What happens with Comp time if an employee changes department or leaves State service?

Compensatory time transfers with the employee to the new department.

Compensatory time up to 30 days (240 hours) is paid as a lump sum when an employee separates from State service.

Will an employee's title, annual salary and/or accrual rate change?

No. State title, salary and accruals rates are not affected by a position's FLSA designation.

Who is responsible for knowing when work is performed?

The supervisor is always responsible for knowing when work is performed and for pre-approving overtime. In all cases, the supervisor must also approve and sign the time record (timsheet), acknowledging the time worked.

Employees who are permitted by their supervisor to commence work earlier than their regular obligation hours, or work beyond the end of their regular obligation, must be authorized to do so and report this as time worked on the timesheet.

Who do I contact for questions?

For questions about time reporting and FLSA Comp-time, call State Time & Attendance at (631) 632-6189.

For questions about your position's FLSA designation, call Classification and Compensation at (631) 632-6157.

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