What is the Fair Labor Standards Act?

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.

Who is affected by the Fair Labor Standards Act?

All employees that hold positions determined to be covered under the mandatory overtime provisions of the FLSA are covered. Overtime-eligible employees must be compensated with overtime pay or compensatory time for all hours worked over 40 in a single workweek. All overtime-eligible employees must fill out a Time and Attendance Record [.xlxs] in order to comply with FLSA standards. 

Visit Overtime Eligible - Documenting Hours Worked to find out more information on the state's process.

Who determines if a position is overtime eligible?

Each agency’s Human Resource Office determines the overtime eligibility status for all positions (Work Period Designation-WPD) based upon criteria established by the US Department of Labor. For more information, see WAC 357-28-240. 

The State Human Resources Division (HR) is available to review work period designations for positions in your agency. Send request to State HR Classification and Compensation .

If your agency would like to change the work period designation from overtime eligible to overtime exempt or law enforcement you must request approval from State HR. 

What are the Fair Labor Standards Act standards for overtime?

For all hours worked in excess of 40 during each work week, employees will receive overtime at the rate of one and one-half times the employee’s regular rate (WAC 357-28-260). Paid leave does not count as time worked for non-represented employees. If you are represented, employers and employees should review collective bargaining agreements for specific requirements concerning work period designations and overtime eligibility.

Who qualifies for exemption from minimum wage and overtime pay?

In order for an exemption to apply, an employee's specific job duties and salary must meet all the requirements of the Department of Labor's regulations. Section 13(a)(1) of the FLSA provides an exemption from both minimum wage and overtime pay for employees employed as bona fide executive, administrative, professional, computer and outside sales employees.