FLSA Resource Page

On August 23, 2004, the Department of Labor's new rules governing overtime for employees take effect. On this page, you will find a variety of resources to help you ensure that your institution is in compliance with the new rules.

Articles and Reports

Highlights of the New FLSA Regulations -- Quick overview of the new regulations, including criteria for each of the exemption categories.
White Collar Regulations in the Academic Workplace -- Littler Mendelson legal memo clarifying classification of employees on campus, including coaches, academic counselors, admissions recruiters, administrative employees at educational institutions, among others. This article is intended to provide information only, and is not intended and should not be considered legal advice.
The Department of Labor's Revised White Collar Regulations -- A New Focus in an Uncertain America -- May 2004 A.S.A.P. Newsletter

Resources

Academic Advisors May Be Exempt From FLSA (Dec., 2005)
Advisory Report 2004-1 Fair Labor Standards Act (Oct. 18, 2004).
The report addresses issues that arose after the final regulations were published and incorporates material from the August 12 NACUBO Webcast, and other member inquiries.
Final Regulations -- Issued by the Department of Labor on April 23, 2004, the rules adopted a provision recommended by the higher education community specifying that academic counselors are considered exempt from FLSA overtime provisions under the administrative employees exemption for workers at educational establishments.
The Department of Labor has also created a new Web site section, called FairPay, dedicated to explaining the new overtime rules. Some of the FairPay resources are listed below:
- Preamble to Final Regulations
- Presentation: Executive, Administrative, and Professional Exemptions from the New Overtime Rule (PowerPoint Format)
- FLSA Hours Worked Advisor -- This Advisor helps you determine which work-related activities are considered "hours worked" under FLSA.
- Guidance on Employees Residing on the Employer's Premises (Resident Advisors)