The Fair Labor Standards Act (FLSA) is a federal law that ensures employees are treated fairly and accurately compensated for their time worked. The FLSA distinguishes work as non-exempt and exempt and establishes standards for minimum wage, overtime pay, recordkeeping, child labor and nursing mother breaks and facilities.
Non-exempt and Exempt: Non-exempt positions are entitled to overtime pay. Exempt positions are not. At UAB, non-exempt employees are paid hourly and receive bi-weekly pay, while exempt employees are paid a salary and receive monthly pay. UAB Human Resources is responsible for determining the exempt status for positions at UAB. To increase their knowledge, supervisors are encouraged to take the online course on Managing Non-exempt Employees According to the FLSA. This course is available on UAB’s learning management system (uab.edu/learn) and can be completed in approximately 25 minutes.
Overtime Pay: The FLSA requires UAB to pay non-exempt employees an hourly rate of 1.5 times the employee’s regular hourly rate for any work performed over 40 hours in a UAB workweek. A non-exempt employee should receive approval before working additional time. However, all time worked in excess of 40 hours per week must be compensated at the overtime rate. For related information see You and UAB Handbook for Faculty and Staff, Section 5.6 Overtime and Working Hours – HR Policy 618.
Recordkeeping: The FLSA requires UAB to record wages and hours for non-exempt employees. The FLSA does not allow UAB to record hours worked for exempt employees. For related information see Time Cards and Time Sheets – HR Policy 208.
Child Labor: UAB maintains a Class II Child Labor Certificate that allows the employment of minors (under age 18). The minimum age required to work on the UAB campus is 16 and the minimum age required to work in University Hospital is 18. The hiring of a minor in any laboratory, patient care or potentially hazardous area should be cleared with UAB Occupational Health and Safety and Human Resources. For related information see Employment of Minors – HR Policy 125.
Nursing Mother Breaks: The FLSA requires UAB to provide a location and reasonable break time for a mother to express breast milk for her nursing child. The location cannot be a bathroom and must be shielded from view, free of interruptions and readily available to the employee. Click to view the website listing all of the lactation centers located at UAB.
Other FLSA Resources:
- Safe Harbor Guidelines - these guidelines help ensure accurate compensation for all UAB employees in accordance with state and federal laws.
- UAB FLSA Supervisor Resource Guide (PDF) - this guide is for educational purposes only and provides introductory information on non-exempt and exempt status, recordkeeping, overtime, nursing mothers and other topics.
- UAB FLSA FAQs - this list of questions and answers addresses a range of FLSA-related topics and is updated periodically.
- UAB FLSA Changes FAQs - this list of questions and answers addresses questions related to upcoming FLSA-related changes.
- Guidance for Smartphone Use - this document provides guidance pertaining to compensable work performed at home or offsite, including the use of cellular phones, PCs tablets, etc.
- Guidance for Hours Worked Based on the FLSA