Fair Labor Standards Act (FLSA)

The Fair Labor Standards Act (FLSA) is a federal law requiring covered employees be paid at least the federal minimum wage for all hours worked and overtime pay (generally computed at time and one-half the regular rate of pay for all hours worked over 40 hours in a workweek), unless the employee falls into one of several designated exemptions.  To qualify for exemption, employees generally must meet certain tests regarding their job duties and, for some exemptions, be paid on a salary basis at not less than the minimum designated by the FLSA.  Job titles do not determine exempt status.  In order for an exemption to apply, an employee’s specific job duties and salary must meet all the requirements of the FLSA.  You will be advised whether your position is classified as exempt (and not subject to the minimum wage and/or overtime provisions of FLSA) or nonexempt (and subject to the minimum wage and overtime provisions of FLSA) at the time you are hired.

To qualify for many exemptions applicable at CCS, employees must be paid on a salary basis.  Consistent with CCS’s long-standing policy and practice, exempt employees are paid on a salary basis as required by law.  Being paid on a “salary basis” means an employee regularly receives a predetermined amount of compensation each pay period on a weekly, or less frequent, basis.  Absent an exception listed below, the predetermined amount cannot be reduced because of variations in the quality or quantity of the employee’s work and an exempt employee must receive the full salary for any workweek in which the employee performs any work, regardless of the number of days or hours worked.  However, exempt employees do not need to be paid for any workweek in which they perform no work.  Generally, if the employer makes deductions for an employee’s predetermined salary because of the operating requirements of the business, that employee is not paid on a “salary basis.”  That is, if the employee is ready, willing and able to work, deductions typically may not be made for time when work is not available.

Policy Contact

Work Phone: 313.664.7882
Categories: Human Resources

EFFECTIVE DATE
January 4, 2017

LAST UPDATED DATE
August 1, 2019

APPROVING OFFICE
Administration and Finance