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Frequently Asked Questions About the Fair Labor Standards Act (FLSA) and Overtime Rules

These FAQs help address many of the questions associated with overtime eligibility, compensation, work time and documentation for employees and supervisors. These FAQs, and the accompanying resources on our website, will continue to be updated as needed.

Additionally, you can visit the Department of Labor, Wage and Hour Division for more information:
Overtime Pay: Fact Sheets.


The Fair Labor Standards Act (FLSA) is a federal law which establishes minimum wage, overtime pay eligibility, recordkeeping, and child labor standards affecting full-time and part-time workers in the private sector and in federal, state, and local governments. The Department of Labor (DOL), the agency which interprets and enforces the Fair Labor Standards Act (FLSA), oversees regulations defining the type of the employee who is eligible for overtime (non-exempt employee) and the type of employee who is not eligible for overtime (exempt employee). Tarleton is obliged to comply with all FLSA provisions.

Exempt vs. Non-Exempt
How is exemption determined?
Are there exceptions to the salary threshold for exemption?
Do the regulations allow for special exemption of research positions?
Who applies the tests to determine exemption status for titles/positions at Tarleton?
What does bona fide white-collar exempt employees mean?
What do I need to know about TAMUS and Tarleton current overtime regulation and procedure?
What is the difference between FLSA, State and Holiday Comp Time?
What is considered "Work Time?"
Can non-exempt employees work overtime whenever they believe it is required to get the job done?
Can a non-exempt employee offer to work on their own time without any expectation of payment?
Can a supervisor make adjustments in the schedule before overtime occurs?
What do I need to know about current flexible work schedule rules?
Does Tarleton offer training to supervisors and employees regarding overtime and compensation?
Where can I find resources on the FLSA, overtime rules, Tarleton procedures and A&M System policy?