Fair Labor Standards Act (FLSA)

The Fair Labor Standards Act will apply to you if you hold a position covered under the mandatory overtime provisions of the FLSA. Overtime-eligible employees must receive overtime pay or compensatory time for all hours over 40 in a single workweek. To comply with FLSA standard, these employees have to fill out a Time and Attendance Record.

The Human Resource Office of each agency uses the overtime based upon criteria established by the US Department of Labor (Work Period Designation-WPD) to decide the eligibility status for all positions. Employers who wish to review a position’s work and designation period may submit their request to State HR Classification and Compensation. When changing the work designation period from overtime eligible to overtime exempt or law enforcement, employers need to request approval from the Director of the Office of the State Human Resources (OSHR).

The federal minimum wage for covered nonexempt employees is $7.25 per hour. However, many states have their own minimum wage laws. In an event where an employee is subject to both federal and state minimum wage laws, they are entitled to the higher minimum wage.

Employees must receive overtime pay at the rate of one and one half-times their regular rate for all hours worked in excess of 40 during a single work week (WAC 357-28-260). There are no limits on the number of hours employees 16 years or older can work in a single work week. Under the FLSA, overtime pay is not required for work on weekends, holidays or regular days of rest unless overtime is worked on such days.

All employers are required to display an official poster outlining the requirements of the FLSA. It is also mandatory for employers to keep accurate and truthful records of employee wages, hours worked and other important information.