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

Effective January 1, 2020, revised federal regulations under the Fair Labor Standards Act (FLSA) will be implemented at Tarleton State University. These new regulations will change the overtime exemption status for some employees. Employees who are currently salaried (paid monthly) but who make less than the revised minimum salary threshold of $35,568 per year (or $684 per week), regardless of full-time or part-time status, on January 1, 2020 may become eligible for compensatory time or overtime pay (if allowable) for hours worked over 40 in a workweek.  Many titles are not subject to this new threshold, such as those with a primary duty of teaching.  

These FAQs help address many of the questions associated with this change, for employees and supervisors, in advance of this implementation. 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.

What is the Fair Labor Standards Act (FLSA) and why are we looking at overtime rules now?
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?
How are these overtime rule changes going to impact campus?
How do I know if my position is impacted?
What does bona fide white-collar exempt employees mean?
How do the new regulations affect someone in a position that is already non-exempt?
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?