Fair Labor Standards Act (FLSA)
The Fair Labor Standards Act established minimum wage, overtime pay, recordkeeping, and youth employment standards. It affects full-time and part-time workers in the private sector and in Federal, State, and local governments.
The FLSA requires that employees whose jobs are designated as nonexempt keep accurate records of time worked, be paid at least minimum wage for all hours worked, and receive an overtime premium for all hours worked in excess of 40 in a workweek. At Goshen College, employees — “student” and “non-student” — whose positions are designated as “nonexempt” (not exempt from the obligations and requirements for the accurate recording of working time, right to a minimum wage and overtime pay provisions of the FLSA) are covered by the FLSA. The information that is published on this page applies to all GC employees whose jobs are currently designated as nonexempt.
Call (574) 535-7111 or email email@example.com if you have additional questions about the FLSA.
The Fair Labor Standards Act (FLSA) of 1938 originated in President Franklin Roosevelt’s New Deal. It was a landmark piece of legislation that had a significant impact on the labor movement in the United States. The FLSA set nationwide standards for employees of organizations engaged in interstate commerce, operations of a certain size, and public agencies. Still active today, it affects millions of full- and part-time workers.
Under the Fair Labor Standards Act, the first minimum wage (25 cents per hour) was established. The workweek was limited to 44 hours per week, which was revised in 1940 to 40 hours per week. Standards were developed to keep records of hours worked and wages paid. These same standards allowed employers to keep track of overtime owed to employees who exceeded the standard workweek.
Perhaps most significantly, the Fair Labor Standards Act banned child labor. Children under age 14 were no longer legally allowed to work. Exceptions were made for the agricultural industry and some family businesses. Children under age 18 were restricted from “hazardous” jobs, including mining and some factory jobs. The ban on child labor greatly decreased the number of children harmed by bad working conditions.
A 1963 amendment to the FLSA called the Equal Pay Act prohibited differences in pay based on sex. Under this provision, women who were often paid wages lower than a man in the same position could now demand equal pay. The Equal Pay Act was an important step in leveling the often uneven work field in which women competed with men for the same jobs but had to settle for making less money.
More than 20 amendments have been made to the Fair Labor Standards Act. Most of these were made to increase the minimum wage, which has gone from 25 cents in 1938 to $7.25 today.
Enforcement of FLSA standards is handled by the U.S. Department of Labor’s Employment Standards Administration, Wage-Hour Division. The Equal Pay Act is an exception; its enforcement was transferred to the Equal Employment Opportunity Commission in 1979.
-Gale Encyclopedia of United States Economic History
Exempt and Nonexempt
There are two exemption tests that determine a job’s FLSA designation:
A.) “Minimum Salary Level” – Employees who earn $35,568* per year or less (the Minimum Salary Level threshold) have their positions designated as nonexempt, and must keep accurate records of hours worked and be paid overtime premium (one and one-half times their hourly rate of pay) for all hours worked in excess of 40 in the designated workweek.
B.) “Duties Test” – Employees who earn more than the Minimum Salary Level threshold may have their positions designated exempt only if their primary job duty(ies) passes one or more of the following tests, as specified by the Department of Labor, Fact Sheet #17A:
- Executive Exemption: Primary duty is the management of the enterprise or a department; regularly directs the work of two or more employees; authority to hire or fire other employees, or their recommendations regarding employment status or advancement of other employees are given particular weight.
- Administrative Exemption: The employee’s primary duty is the performance of office or non-manual work related to the management or general business operation of the employer or customers. Primary duty also includes the exercise of discretion and independent judgment with respect to matters of significance.
- Professional Exemption: Primary duty is the performance of work requiring knowledge of an advanced type in a field of science or learning customarily acquired by a prolonged course of specialized intellectual instruction; primary duty is the performance of work requiring invention, imagination, originality, or talent in a recognized field of artistic or creative endeavor. “Teachers are exempt if … they are employed and engaged … as a teacher in an educational establishment.” The “Minimum Salary Level” test does “…not apply to bona fide teachers.” (Refer to DOL, Fact Sheet #17A)
* The threshold increased to this amount on January 1, 2020.
- Employee Stipend Payroll Form
- Salary and Wage Schedules
- 2018-19 Salary and Wage Schedule
- 2019-20 Salary and Wage Schedule
- Compensation Statements
Memorandums of Understanding (MOUs) are issued to teaching faculty based on a 42-week year (but paid over 12 months) based on a fiscal year of July 1 to June 30. Administrative faculty and professional staff are normally on a 12-month year. Payroll is paid twice each month on the 15th and 30th, or the Friday before that date if it falls on a weekend or holiday. Direct deposit is required and available from any credit union or bank.
- 2019-2020 Payroll Dates Calendar
- 2019-2020 Staff Pay Periods Chart
- Direct Deposit Pay Stubs
- Direct Deposit Pay Stubs via ADP Mobile
To view your direct deposit pay stub, log into ADP at above link, click on Pay Statement under Quick Links, or by going to Myself, Pay, Pay Statements.
To change the check date on your archived direct deposit pay stub, click the drop-down arrow and then click View Report on the far right. To print archived direct deposit pay stubs from the online application, click on the Export button and then choose Acrobat (PDF) file. It should open in Adobe Acrobat and you can then print it. You can also export it to other formats, such as Word.
Payroll Instruction Sheets
- ADP Employee Registration Guide
- Employee Online Time Card Instructions
- Payroll Information
- Supervisor Online Time Card Approval Instructions
Accurate Time Reporting
The complete and accurate recording of actual working and leave hours is not only a Goshen College policy but more importantly a federal law which ensures that employees are paid fairly for the work that they perform.
The FLSA covers “student” and “non-student” employees whose positions are designated as “nonexempt” (not exempt from the obligations and requirements for the accurate recording of working time, the right to a minimum wage and overtime pay.)
Goshen College employees whose positions are designated as nonexempt are required by the FLSA to maintain accurate daily records of work time — through GC Online, the electronic timekeeping system. They must record all actual hours worked as well as paid and unpaid absences. They are not allowed to voluntarily work “off the clock” without compensation, as this is a violation of federal law.
Time records, through GC Online, must reflect actual starting and stopping times of work as opposed to the established work schedule. For example, if the work schedule is 8 a.m. to 5 p.m., but the employee worked from 7:45 a.m. to 11:30 a.m. and from 12 p.m. to 6 p.m., then these actual hours worked must be recorded.
It is also important to note that since this is a federal law requirement, no exception can be granted regarding this legal compliance requirement.