Q: What is a bi-weekly employee’s FLSA status?
A: Nonexempt

Q: What is a monthly employee’s FLSA status?
A: Exempt

Q: Our work volume is low and I don’t need all of my employees today. Do I need to pay my employee for time not required to come into work?
A: For nonexempt employees, no. Employees must only be paid for hours worked. For exempt employees, yes. Employees must be paid their entire salary regardless of the amount of work performed in a week. (See exceptions on page 5 of this document).

Q: Do I need to record arrival and departure time for my employee?
A: For nonexempt employees, yes. For exempt employees, no.

Q: Do I need to record and pay overtime for my employee?
A: For nonexempt employees, yes. Employees must receive 1.5 times their rate of pay for all hours worked over 40 in the 7 day workweek. Example: Joe is paid $10 dollars an hour. His overtime pay would be $15 dollars an hour. For exempt employees, no.

Q: Do I need to record time off work of less than 4 hours for my employee? Example: doctor’s appointment.
A: For nonexempt employees, yes. If a request for time off is approved, employees can use accrued sick or vacation time. If no accrued time is available they can have unpaid time off. For exempt employees, no.

Q: Do I need to record time off of 4 or more hours for my employee? Example: Vacation
A: For nonexempt employees, yes. If a request for time off is approved, employees can use accrued sick or vacation time. If no accrued time is available they can have unpaid time off. For exempt employees, yes. If a request for time off is approved, employees can use accrued sick or vacation time.

Q: Can my employee take breaks?
A: For nonexempt employees, yes. UAB policy allows your employees to take up to two 15 minute paid breaks if a department’s work load permits. This time should not be saved and added to the end of a shift or used to extend or in place of lunch. For exempt employees, yes. You should discuss break options with your employee. UAB policy allows employees to take up to two 15 minute paid breaks if a department’s work load permits. This time should not be saved and added to the end of a shift or used to extend or in place of lunch.

Q: Does my employee have to take a meal break?
A: For nonexempt employees, yes. A meal break should be factored into your employee’s work schedule. The employee should be relieved of all duties and allowed to take an uninterrupted unpaid break of at least 30 minutes or more for meals. For exempt employees, no. Your employee is not obligated to take a meal break. If an employee needs to work through a meal period to meet the demands of business, they are allowed to do this.

Q: Can the minimum salary of $23,660 per year or $455 per week required under FLSA be prorated to reflect the part-time status of an employee?
A: There is no provision to prorate the salary requirement of $455 per week when an employee’s hours are reduced. The employee must receive a salary of at least $455 in each week in which he or she performs any work regardless of the number of days or hours worked to qualify for the exemption. Click for DOL Opinion Letter

Q: Are teachers, instructors and trainers FLSA-exempt?
A: Teachers are exempt if their primary duty is teaching, tutoring, instructing or lecturing in the activity of imparting knowledge, and if they are employed and engaged in this activity as a teacher in an educational establishment.